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15th August, 2004  Volume 11, Issue 5

First with the news and free with its views                                     First with the news and free with its views                             First with the news and free with its views                                    

Politics

Economy in a quagmire

The LSSP, which is a constituent party of the UPFA, conducted a protest campaign against the rising cost of living last week. Pictured are LSSP activists at the protest

By Mandana Ismail Abeywickrema 

The government would have to seriously take stock of the economy very soon. To add to the woes of the  falling rupee and rising world oil prices, the country is beset by a debilitating drought that would make imports of food items like rice inevitable.

The impact of the rapid depreciation of the rupee against the dollar from Rs 98 in February to Rs 104 in August has simultaneously created a cash crisis in the country and increased the cost of living. And given the rising world market prices in oil, the impact on Sri Lanka is doubled.

The most affected institution of them all, the Ceylon Petroleum Corporation (CPC), has borne the brunt of the escalating global oil prices and the depreciating rupee.

The corporation is yet to receive its fuel subsidy dues from the Treasury, amounting to billions of rupees. The amount due since February to June is Rs. 5.9 billion.

However, according to the monthly costing system, CPC needs to further increase the price of petrol by another Rs. 2.50 per litre while diesel needs to be increased by Rs. 12.50 and kerosene by Rs. 12.10. These figures have now been forwarded to the Treasury and the CPC is awaiting further instructions from the government.

According to Chairman, CPC, Jaliya Medagama, the Treasury response could come in only two forms - either by allowing the price revisions or to subsidise - either the people pay or the government pays for them.  "In the event the Treasury fails to respond, the assumption of fuel  being further subsidised is inevitable."

CPC financial crisis

When asked whether CPC could continue to import and supply fuel to the country with unpaid bills from the Treasury and other public institutions running into billions of rupees, Medagama responded that the situation indeed looked bleak as CPC is faced with a financial crisis.

However, Medagama observed the government and the CPC are now looking at alternative methods. The country is holding negotiations with several crude oil exporters - Iran, Malaysia and Saudi Arabia - to extend the time given to settle payments for oil imports. Though the present deadline is one month, negotiations are on to further extend this period to six months.

The Indian credit line too plays an important role in easing the burden shouldered by CPC. Although these short-term solutions would perform as a conduit in reducing fuel bills in the country, the  need of the hour is to look for a long-term solution as well.

As to when the CPC would receive at least part of the billions of rupees in dues is something nobody knows. Medagama too is uncertain of when the CPC would receive its dues.

However, he maintained the CPC goes to either the People's Bank or the Central Bank and imports oil through LCs, but the difference in the actual cost and the price of sale pose great problems. CPC imports oil worth US$ 90 million per month.

When asked whether a decline in global oil prices would really make a difference in the local market given the fact the rupee might depreciate further, Medagama asserted it would still remain a difficult situation as there would still be a big difference in the pricing structure due to the falling rupee.

The Ceylon Electricity Board (CEB) too is another institution in crisis. CEB has been affected by the increasing fuel prices as the cost involved in power generation is solely dependent on it.

In the event the generation of hydro power is compromised due to a drought thereby bringing in an increase in thermal power, the increase in the usage of diesel for the purpose would in turn affect the cost involved in power generation. An increase in electricity rates at such a juncture would be almost uncontrollable.

Prices of milk foods and pharmaceuticals to increase

In the meantime, the prices of pharmaceuticals and milk foods are also expected to see an increase in the coming months. In the case of pharmaceuticals, prices of certain essential drugs have already been increased. To remedy the situation, the government has brought 600 pharmaceuticals out of the 6,500 available in the country under the Consumer Affairs Act.

While the prices of some pharmaceuticals have increased, certain drug cartons do not indicate the selling price any more as the prices are subject to constant revisions.

However, pharmaceutical importers making proposals to the government have requested that in case they are brought under the act, they be allowed to maintain a profit margin of about 69% from the 63% they enjoy at present.

Commerce and Consumer Affairs Minister, Jeyaraj Fernandopulle maintained the government cannot allow importers to enjoy such a profit margin as it is unfair by the consumers.

Under the scheme, a pharmaceutical that costs Rs. 100 would be sold to the consumer at Rs. 174.

Fernandopulle says that the harassment of patients has to be stopped, adding that the Ministry would ensure a reduction in the prices of essential pharmaceuticals.

As for the price of gas, the present selling price of a Shell domestic cylinder stands at Rs. 690 while a Laugfs cylinder costs Rs. 650. However, on Friday, Shell requested a further increase in a domestic gas cylinder by Rs. 90. The Consumer Affairs Authority is yet to decide on the matter.

In a bid to bring relief to the consumers, the government plans to encourage the third player in the market - Mundo. Distribution of Mundo did not take off the ground during the previous regime due to the alleged involvement of politicians who prevented the supply ship from even unloading in the country's port.

Fernandopulle said that the government is planning to remove all barriers that prevent Mundo from entering the market.

The price of milk foods likewise would see an increase in the coming weeks as importers find it difficult to maintain prices further, due to the present dollar rate. Milk food importers have requested a hike of Rs. 14.

Fernandopulle said the government is looking at alternative methods of curtailing prices by importing milk from India. He went on to say the government has already received samples from Indian companies and a decision would be reached shortly.

Scarcity of rice expected

Adding to the problems, the prevailing drought in the country is expected to create a scarcity of rice in the country. After meeting with the farmers, dealers and stockists, the government would decide on the amount to be imported to meet the needs of the country.

Minister Fernandopulle said the government might have to import rice by October adding that prices of rice however, see an increase during the months of November and December.

Media, Ports and Aviation Minister Mangala Samaraweera said the government would bring down the cost of living to an extent, adding that people too would have to bear price increases in some items.

Samaraweera went on to say that money used for subsidies could be otherwise used for development activities. Speaking to The Sunday Leader, Samaraweera observed that although the depreciating rupee would have an impact on oil imports even if global prices were to reduce, the government is looking at alternative methods of bridging the gap.

Dilemma

According to the Central Bank monetary policy report for August, the sharp increases in international fuel prices have posed a dilemma to the authorities on whether to change prices in the short-term and make necessary adjustments, or to make changes in the long-term and face the consequences.

It would be difficult for the current monetary policy stance and the fiscal discipline - to which the government is committed - to be maintained, if adjustments are not made in the economy to reflect adverse developments that are taking place elsewhere, which have a bearing on Sri Lanka.

In this context, the recent increase in the price of petrol and permitting the price of LP gas to be raised are positive steps. However, it would be necessary to accelerate adjustments in other prices, such as diesel and kerosene too to reflect the current international prices. It is not prudent for the exchequer to bear the cost of such subsidies as it amounts to sacrificing other essential public expenditure programmes.

Faster adjustment will create greater resilience in the economy, enabling it to grow in the long-term. Hence, all sectors of the economy would need to make quick adjustments to reflect prevailing conditions.

In another development, the government in a bid to stand by its 'Rata Perata' manifesto, has decided to reintroduce the 100% transfer tax on property acquisitions by non-citizens.

The private sector has voiced concern over the decision and a delegation of the Ceylon Chamber of Commerce (CCC) last week met with Treasury Secretary, Dr. P.B. Jayasundera to discuss the matter.

According to sources at the CCC, Jayasundera has responded by saying that chambers and the business community would be given a time frame to put forward amendments to the act, before finalising the matter.

Driving away investors

The proposed bill if implemented would drive away investors from coming in to the country while posing many barriers to those already in business.

Considering the present situation, the economy is in a quagmire and the government has finally acknowledged the fact that subsidies are not the answer to address economic difficulties faced by the country.

Proposed tax on transfer of property causes stir 

The government's plan to impose a 100% transfer tax on purchase of property in Sri Lanka by non-citizens has created a stir.

The bill titled 'Tax On The Transfer Of Property,' which was presented to the Supreme Court for determination, had not only reintroduced Part VI of the Finance Act No. 11 of 1963 - to impose a 100% transfer tax on property purchases by non-citizens - but also introduced a new section, Section 58 (3A), wherein any company incorporated in Sri Lanka which has a foreign ownership in excess of 25% would be considered to be a non-citizen for the purpose of the imposition of the tax.

However, the position to date has been that when a company is incorporated in the country, it is considered a citizen of Sri Lanka for the purpose of the act. As a result, all BOI companies did not have any issue with these provisions prior to 2002 when the transfer tax was in place.

Most of the companies listed in the Colombo Stock Exchange (CSE) and all BOI companies with foreign investment or where there is a joint venture partner would, in the event the bill is passed, be non-citizens and liable to a 100% transfer tax on the acquisition of property.

In addition, the various concessions offered by the BOI would be completely nullified at the inception of any project as a 100% tax will be imposed on land acquisitions. As for public quoted companies with foreign investment, most companies would find it difficult to plan any acquisitions of assets for its future expansion since the possible movement in its shareholding in the interim would be cloudy.

The government has taken a policy decision with regard to the reintroduction of the 100% transfer tax which was imposed on non-citizens who purchase property in Sri Lanka under Part VI of the Finance Act No. 11 of 1963. This tax was confined to land by the Finance (Amendment) Act No. 22 of 1992 and by a subsequent Gazette dated February 8, 1995, it also ceased to apply to the sixth floor and above of any registered condominium property.

By the Finance Act No. 11 of 2002, the transfer tax was completely abolished by the repeal of Part VI of the Finance Act No. 11 of 1963. On July 3, 2004, Treasury Secretary, Dr. P.B. Jayasundera had published a newspaper notice specifying that Part VI of the Finance Act No. 11 of 1963 was to be reintroduced and that all non-citizens purchasing any property after June 9, 2004, would have to pay the transfer tax.

The present bill has been referred to the Supreme Court as an urgent bill by cabinet on August 2. On August 6, a bench of the Supreme Court comprising Chief Justice Sarath N. Silva, Justices Yapa and Udalagama considered the contents of the bill and have now communicated their determination to the Speaker.

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