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FISCAL
DECENTRALIZATION
IN JAPAN
FISCAL DECENTRALIZATION
IN JAPAN




United Nations Human Settlements Programme
Nairobi 2012




                                             Sec1:i
The Global Urban Economic Dialogue Series
Fiscal Decentralisation in Japan

First published in Nairobi in 2012 by UN-HABITAT.
Copyright © United Nations Human Settlements Programme 2012



All rights reserved
United Nations Human Settlements Programme (UN-HABITAT)
P. O. Box 30030, 00100 Nairobi GPO KENYA
Tel: 254-020-7623120 (Central Office)
www.unhabitat.org



HS/043/12E
ISBN Number (Series): 978-92-1-132027-5
ISBN Number (Volume): 978-92-1-132458-7


Disclaimer
The designations employed and the presentation of the material in this publication do
not imply the expression of any opinion whatsoever on the part of the Secretariat of
the United Nations concerning the legal status of any country, territory, city or area
or of its authorities, or concerning the delimitation of its frontiers of boundaries.

Views expressed in this publication do not necessarily reflect those of the United
Nations Human Settlements Programme, the United Nations, or its Member States.

Excerpts may be reproduced without authorization, on condition that the source is indicated.



Acknowledgements:
Director: Naison Mutizwa-Mangiza

Chief Editor and Manager: Xing Quan Zhang

Principal Author: Nobuki Mochida

Contributor: Jaana Mioch

English Editor: Roman Rollnick

Design and Layout: Peter Cheseret




ii
FOREWORD

                               Ur b a n i z a t i o n   provision of adequate housing, infrastructure,
                            is one of the               education, health, safety, and basic services.
                            most        powerful,
                            irreversible forces           The Global Urban Economic Dialogue series
                            in the world. It is         presented here is a platform for all sectors
                            estimated that 93           of the society to address urban economic
                            percent of the future       development and particularly its contribution
                            urban population            to addressing housing issues. This work carries
                            growth will occur           many new ideas, solutions and innovative
                            in the cities of Asia       best practices from some of the world’s
                            and Africa, and to a        leading urban thinkers and practitioners
lesser extent, Latin America and the Caribbean.         from international organisations, national
                                                        governments, local authorities, the private
  We live in a new urban era with most of               sector, and civil society.
humanity now living in towns and cities.
                                                          This series also gives us an interesting
  Global poverty is moving into cities, mostly          insight and deeper understanding of the wide
in developing countries, in a process we call           range of urban economic development and
the urbanisation of poverty.                            human settlements development issues. It will
                                                        serve UN member States well in their quest
  The world’s slums are growing and growing             for better policies and strategies to address
as are the global urban populations. Indeed,            increasing global challenges in these areas
this is one of the greatest challenges we face in
the new millennium.

  The persistent problems of poverty and
slums are in large part due to weak urban
economies. Urban economic development is
fundamental to UN-HABITAT’s mandate.
Cities act as engines of national economic                                Joan Clos
development. Strong urban economies                        Under-Secretary-General of the United
are essential for poverty reduction and the               Nations, Executive Director, UN-Habitat




                                                                                                     iii
iv
CONTENTS
FOREWORD 	                                                 III

CHAPTER 1	    STATUS OF LOCAL GOVERNMENT	                  1
              JURISDICTIONS	1
              ECONOMIC WEIGHT	                             3

CHAPTER 2	    LOCAL GOVERNMENT FUNCTIONS	                  5
              EXPENDITURE BY FUNCTION	                     5
              EXPENDITURE RESPONSIBILITY	                  6

CHAPTER 3	    LOCAL OWN REVENUES	                          9
              GENERAL MATTERS	                             9
              INDIVIDUAL LOCAL TAXES	                      10

CHAPTER 4	    INTERGOVERNMENTAL TRANSFERS	                 13
              TRANSFER TYPES	                              13
              LOCAL ALLOCATION TAX	                        14
              SPECIFIC PURPOSE GRANTS	                     18

CHAPTER 5	    LOCAL BORROWING AND BUDGET CONSTRAINTS	 21
              DEBT SURGE	                                  22

CHAPTER 6 	   DRIVERS TO DECENTRALIZE THE PUBLIC SECTOR	   29
              FISCAL DECENTRALIZATION	                     29
              AMALGAMATION	31

CHAPTER 7 	   LESSONS	                                     33

REFERENCES		                                               35
FISCAL DECENTRALIZATION IN JAPAN




LISTS OF FIGURES, TABLES AND BOXES

LIST OF FIGURES
Figure 1 	 Classification of Local Governments
Figure 2 	 Local Taxes in Prefecture, FY2009
Figure 3 	 Local Taxes in Municipality, FY2009
Figure 4 	 Contribution of LAT to reduce regional disparities, per capita FY2003
Figure 5 	 Degree of Equalization, 1950-2002
Figure 6 	 Main Creditor of Local Borrowing
Figure 7 	 Change in revenue component after ‘Trinity Reform’ (2004-2006)
Figure 8 	 Questionnaire Survey on Amalgamation, 2010




LIST OF TABLES
Table1 	    Income and Expenditure of Japan’s Local Governments, FY2008
Table 2 	   Expenditure by Function and Level of Governments, FY2009
Table 3 	   Revenues received by states and local government, FY2010
Table 4 	   Local Debt Outstanding
Table 5 	   Number of SNG designated as ‘early stage fiscal improvement’




vi
CHAPTER 1
                                                                              STATUS OF LOCAL GOVERNMENT




CHAPTER 1	 STATUS OF LOCAL GOVERNMENT



  Virtually all countries in the world, whether     The chapter states that regulations concerning
explicitly federal or not, exhibit a degree of      organization and operations of local public
decentralization, and to that extent they share     entities should be fixed by law in accordance
a number of common problems. How much               with the principle of local autonomy. The
responsibility for expenditure programmes           new Constitution articulates the government’s
should be given to sub-national governments?        responsibility in maintaining the minimum
To what extent should they finance those            standard of living and decent life. Especially,
responsibilities from own source revenues?          the modern development of redistributive
How far should the central government go            policy in Japan is based on the following
in equalizing disparities in sub-national fiscal    article 25 of the Constitution:
capacities? What controls might be used to
ensure responsible fiscal conduct, including           (1) All people have the right to maintain
with respect to borrowing obligations? While           the minimum standards of wholesome and
the answers to these questions are to some             cultured living. (2) The state must make
extent country-specific, there are a number            efforts to promote and expand social welfare,
of underlying principles that can be used to           social security and public health services to
inform them. Indeed, while this paper is a             cover every aspect of the life of the people.
case study of the evolution of multi-level fiscal      [Article 25]
decision-making in Japan, it would contains           Normally, the constitution cannot specify
many lessons for other countries of different       details of tax and expenditure assignment
characteristics.                                    to each level of government. This task is left
                                                    for laws on local taxation, such as the Local
                                                    Finance Law in Japan. Among many laws
Jurisdictions                                       regarding fiscal issues, the Local Tax Law of
  Japan’s local autonomy has been guaranteed        Japan has been main piece that governs the
by the Constitution after the Second World          division of taxing powers. The rules specified
War. The post-war Constitution of Japan has a       in these laws have ensured the stability and
chapter on local self government (Article 92).      predictability of local budgetary expenditure.




                                                                                                        1
FISCAL DECENTRALIZATION IN JAPAN




Figure 1 Classification of local Governments



    Local governments         Ordinary local authority     Prefecture (47)



                                                         Municipality (1727)         Designated city (18)


                                                                                         Core city (41)


                                                                                       Special city (41)


                                                                                   Other municipality (1627)


                               Special local authority   Special ward (23)


                                                         Municipal cooperative     Partial association (1393)


Source: Ministry of Home Affairs and Communicatio (2011) White Paper on Local Public Finance, table 1



  In Japan the government sector is stratified             Japan is 39,000, which is considerably in
into several levels, each having responsibility            excess of the number found in average OECD
for a particular set of public functions. The              countries, except for UK (Shah 2006:28-29).
main levels of the Japanese government are the             These numbers have been achieved by several
national, the prefectural, and the municipal               waves of mass amalgamation. We often refer
governments. The last two are called ‘local                to prefectures and municipalities jointly as
governments’, while the first is referred to as            ‘local public bodies’.
the ‘national’ or ‘central’ government. On
the sub-national level, Japan has a so-called                The origin of a modern local government
two-tier system of local governments. Figure               system in Japan can be dated to 1890s. In
1 shows that the total number of prefecture,               about 1890, a highly centralized system was
47, has not changed since the prewar period                created in Meiji, Japan, which was based on the
except for the addition of Okinawa. On the                 German model(Muramatsu and Iqubal 2001).
other hand, there are 1727 municipalities,                 Gradually, political parties mobilized the
consisting of 785 cities, 750 towns and 192                residents, using local councils to enhance local
villages (in March, 2011). The number of                   democracy and to express local interests to the
municipalities in Japan is much less than in               central government in the 1920s. Despite the
France, Germany, USA, and Canada, but more                 progress and attempt toward decentralization
than in United Kingdom and Sweden (Policy                  in 1920s, wartime mobilization completely
Research Institute, Ministry of Finance 2002).             recentralized the country.
Average population per local authorities in




2
CHAPTER 1
                                                                                  STATUS OF LOCAL GOVERNMENT



   The process of developing the local finance       of social welfare programme in public pension,
system in post-war Japan was initiated by            medical care etc. The Second Provisional
the US. In this regard, we must stress the           Administrative        Reform      Commission
significant role of the 1949 Shoup Mission in        (SAPARC) assumed the responsibility for
shaping the local finance system in post war         tackling this issue, and it succeeded to
Japan. Thus, the entire intergovernmental fiscal     a significant degree in attaining its goal
relations were fully reconstructed, producing        through the privatization of large government
epoch-making changes. However, ideal local           cooperation. In contrast to previous decades,
finance system achieved by the initiative of US      they were now urged to prioritize and downsize
influence was of temporary duration: many of         public expenditures. The commission also
the elements were modified soon after their          recommended decentralization as a way to
enactment. For one thind, the US’s proposed          rationalize expenditures and reduce fiscal
“layer cake” model, in which the functions of        pressures (Muramatsu and Iqbal 2001:16-18).
the central government and local governments
are clearly demarcated, was not to be realized          On the other hand, public statement claim
as it intended (Mochida 2008).                       that Japan’s centralised system of government
                                                     eventually be unable to resolve issues
  In this way, Japan mixed the pre-war               generated by economic globalization and the
centralized system with the decentralized            fiscal stress caused by post-bubble economic
in a distinct manner. On the whole, the              blues. Reflecting these general outcries, the
intergovernmental system continued to                Murayama government finally enacted The
feature strong centralized elements. However,        Law for the Promotion of Decentralization,
local passive attitude were temporarily              on May 15, 1995 and Koizumi government
dropped in response to the urban congestion          lauched an ambitious reform of the three
and environmental pollution. In the 1970s,           components of local government financial
Japan experienced a case of conflict between         resources - earmarked grants, local taxes and
the central and local governments. Two factors       the local allocation tax – the so called “Trinity
defined this new era of central-local relations:     Reform” during 2004-2006. The question
the mushrooming of residents’ movements,             of decentralization and deregulation has
and the increase in opposition control of            developed into one of the most contentious
local government. Furthermore, local policy          political issues in Japan.
initiative had reverse impact on national
policy outcomes during this time (Muramatsu
and Iqbal 2001:12-15). Japanese local                Economic Weight
government responded by expanding its role
as policymaker in environment, city planning,          In virtually every country, some amount of
welfare on its own, as well as in its role as an     decentralized fiscal decision making is a fact
agent of the central government.                     of life. Lower-level jurisdiction- be they state
                                                     or provinces, prefectures or regions, cities or
  In the 1980s, however, the Japanese                municipapities- are typically given responsibility
government faced a new challenge: fiscal stress.     for delivering some of most important public
Massive expansionary fiscal policy after oil         services, such as schools, health service and
shocks left fiscal deficit in its wake. The second   social services. How important are local
reason explaining the increase in fiscal deficit     governments in Japan? Table 1.1 presents a
relates welfare state construction. In the late      quantitative approach to this question based on
70s, Japan did catch up with the Western level       national account data for FY2008.




                                                                                                            3
FISCAL DECENTRALIZATION IN JAPAN




Table 1 	 Income and expenditures of Japan’s local governments, 2008

                                   Amount (trillion yen)      percentage of GDP           percentage of general
                                                                                               government
 total expenditure                         93.8                     19.1%                         54.20%
 final consumption                         26.5                      5.4%                         67.60%
 social transfer in kind                   40.1                      8.2%                         79.10%
 social benefits                           8.7                       1.8%                         16.60%
 investment                                12.3                      2.5%                         74.0%
 total income                              90.8                     18.5%                         40.40%
 taxes                                     40.0                      8.1%                         46.10%
 transfers, receivable                     28.1                      5.7%                         60.90%
 social contribution                       20.1                      4.1%                         35.0%
 balance                                   0.8                       0.2%                           -
 Source: national accounting data
 Note1:local government is defined as prefectures plus municipalities.
 2: including national health insurance and long term-care insurance managed by municipalities.



    Several important points emerge. First,                 and cover 30 per cent of local government
subnational government income and                           resources. Fifth, local governments invest 74
expenditures represent about 19.1 per cent                  per cent of general government’s investments.
of gross domestic product(GDP) in Japan.                    Finally, local net lending is small relative to
Second, in expenditure terms, the weight of                 central governmet net lending, but indebteness
local governments is about half that of the                 is as much as the central government. Relying
general government. Third, local taxes cover                on these quantitative data, Japan does not
about 44 of local government expenditures                   seem to match the standard model of a
and represent, therefore, about 8.1 per cent of             centralized country at all, where relatively weak
GDP. Fourth,as a cosequence, transfers from                 subnational governments are assigned limited
the central government to local government                  expenditure and revenue responsibilities.
account for about 5.7 per cent of GDP




4
CHAPTER 2
                                                                                LOCAL GOVERNMENT FUNCTIONS




CHAPTER 2	 LOCAL GOVERNMENT FUNCTIONS



EXPENDITURE BY FUNCTION                              spending on infrastructure has declined
                                                     somewhat since the mid-1990s, but remains
   The efficiency arguments for decentralizing       high by the standards of the Organisation for
the provision of public services and targeted        Economic Co-operation and Development
transfers are fairly strong: decentralization will   (OECD). Third, a significant portion of local
enable public services, even those of national       governments spending are not for public good
importance, to be tailored to local preference.      but for quasi-private goods, what are referring to
The issue is the allocation of function between      as ‘public services’(Boadway, Shah 2009:138).
different level of governments. Which                Large-scale expenditure programmes involving
functions should the lower-level jurisdictions       education, health, social security, welfare and
be responsible? Table 2 present expenditure          housing are of this sort.
by function at different level of governments
in Japan. A standard classification of                  Given the essentially private nature of
government expenditure by function in the            these services, one cannot rely on traditional
IMF’s Government Finance Statistics Yearbook         efficiency-type market failure arguments
framework is not available for Japan’s local         to justify public responsibility for their
governments. Table 2 compiles such data on           provision. Instead, the public sector assumes
the basis of expenditure categories used in          responsibility for providing public services
Japanese budgetary statistics. This table only       largely for redistributive reasons. Public
illustrates an approximate order of magnitude        services are delivered to household on an
of central and local expenditures shares.            individual basis. The case for decentralization
                                                     rest on the argument that this delivery is
  Several important points emerge. First, the        more efficiently accomplished if it is the
weight of local government’s total spending          responsibility of a lower level of governments.
exceed that of central government since              However, there is tention between the desire
FY1953. Second, local governments play a             to decentralize fiscal responsibility and the
big role in infrastructure (roads, parks, bridge,    desire to maintain central control.
port and harbours etc.), compared with
other industrial coutries. Local governments




                                                                                                         5
FISCAL DECENTRALIZATION IN JAPAN




Table 2 Expenditure by function and level of government, FY2009 (JPY billions)

                                         gross expenditure             transfers                         net expenditure
               total expenditure        Central3    Local (B)      from       from          Central     Local      Central   Local
                                          (A)                     Central     Local        (A) - (C)   (B) - (D)     %        %
                                                                    (C)        (D)
               General public sevice,      5,074      16,516        1,769             0      3,305      16,516        17%         83%
               Public order, and
               Safety
               Defence                     4,831             0         32             0      4,799             0    100%          0%
               Education                   5,869      16,418        2,877             0      2,992      16,418        15%         85%
               Health, welfare1           30,424      27,835        8,791             0     21,633      27,835        44%         56%
               Industry                    9,100       7,735          441             0      8,659       7,735        53%         47%
               Infrastructure              9,433      14,642        2,914          1,283     6,519      13,359        33%         67%
               Debt service               18,444      12,884           11             0     18,433      12,884        59%         41%
               Local finance  2
                                          17,766             0     17,578             0         188            0    100%          0%
               Other                       4,757          76            4             0      4,752           75       98%         2%
               Total                    105,698       96,106       34,417          1,283    71,280      94,822        43%         57%
               Notes: 1. excluding pension, health insurance, 2. Local Allocation Tax, 3. general account plus special accounts
               other than social security
               Source: Ministry of Home Affairs and Communication(2011), White paper on Local Public Finance, table32.



EXPENDITURE RESPONSIBILITY                                       POLICE AND FIRE SERVICE
   In most nations with multiple levels of                          Prefectures are responsible for setting up
government, some mechanisms are in place                         police organization (Police Act 36). It is not
by which national governments can influence                      delegated from the central government. It
how lower-level gevernments design their                         could be seen as ‘local police’ on the surface.
programme. In Japan, the law allows the                          However, at the center of Japan’s police system
central government to influence lower-level                      is the National Police Agency, which is under
government spending decisions through                            the National Public Safety Commission,
conditions imposed on transfer from central                      an extra-ministerial bureau of the Cabinet
governments. The 1949 Shoup Mission’s                            Office. The prefectural police headquarters
proposed “layer cake” model, in which the                        are directed and supervised by the National
functions of the central government and                          Police Agency. Prefectural top official being
local governments are clearly demarcated,                        ranking higher than Chief Superintendent
was not to be realized as is. It is difficult to                 is national government employee. In realty,
identify a policy area in which only one level                   the prefectural police is mixture of national
of government is involved. The activities and                    police and local police. Municipalities are
finances of the central and local government                     responsible for fire fighting (Fire Service Act
have gradually become intertwined. The most                      6). National government and prefectures do
important step away from layer cake model                        not assume responsibility for it, then have no
was the amendment of Local Finance Law                           regular authority over municipalities.
in 1952, which established so-called “cost-
sharing grants.”


6
CHAPTER 2
                                                                              LOCAL GOVERNMENT FUNCTIONS




EDUCATION                                           higher rate of return in the latter (OECD
                                                    2005:113-114).
  All three levels of governments are
very much involved in education. The                  There are three sources of financing for
basic division of labor is that municipal           public investment: budget income; the FILP
governments are responsible for developing          programmes; and earmarked taxes. Fiscal
and maintaining the physical stock of capital       equalization grants and specific purpose
(namely, the school buildings), prefectural         grants constitute budget income. The specific
governments are responsible for labor (namely,      purpose grants are not only earmarked to
for recruiting, monitoring, promoting, and          specific areas (e.g. public works) but they
paying for teacher’s salary), whereas the central   are made conditional on local governments
government is responsible for setting service       complying with strict and detailed operational
standard and curriculum.                            standards. Mihaljek (1997) noted that in the
                                                    case of public construction work in general,
  Specific grants are made conditional on
                                                    even the brands of construction material and
local governments complying with strict
                                                    parts were sometimes specified by the central
and detailed operational standards. For one
                                                    government.
thing, salaries of teachers in Japan are born
by the central government and prefectural              In addition, some programme, especially
governments with 50: 50 sharing ratio.              roads, has been financed directly by earmarked
Since allocation of teachers and the number         taxes since 1954. Taking road construction
of students per class are clearly spelled out       as an example, earmarked taxes such as the
in the national law, local governments face         motor vehicle tonnage tax, local road transfer
difficulties in hiring teachers of English. For     tax, light-oil delivery tax, and automobile
another, under the law on State Subsidies on        acquisition tax are the main local revenue
Expenditure on Facilities for Compulsory            sources. Earmarked taxes could enhance
Education, half of the construction costs           efficiency if properly designed by making
of school building are paid by the central          beneficiaries pay part of the cost, but is would
government if the recipients comply with            result in resource misallocation if the level of
rather strict conditions, such as floor size,       investment is determined by such tax revenues.
availability of various rooms, equipment and        Actually, these earmarked taxes were abolished
distance from the students’ home.                   in FY2009 in view of resource misallocation
                                                    problems.

INFRASTRUCTURE
  Public investment in terms of GDP ratio           HEALTH INSURANCE
is about twice as much as OECD average.               Local governments manage the two type
Local governments have played major role in         of social insurance: public health insurance
infrastructure investments, accounting for 73       and long-term care insurance. The National
per cent of general government’s investment.        Health Insurance (Kokumin kenkohoken) is
Public investments at lower-level governments       a system of regional based health insurance
includes infrastructure, such as road, river        managed by municipalities. It was established
management and sewers. But it is heavily            in 1939 to cover the self-employed, farmers,
used as a policy instrument for economic            workers of smaller firms and their families as
stabilization and redistribution of income          the insured, accounting for about one-third of
among regions in Japan. Per-capita public           the total population. After being restructured
investment in low-income prefectures is twice       in 1958, the NHI has played a fundamental
that of high-income prefectures, despite much       role in providing universal medical insurance

                                                                                                       7
FISCAL DECENTRALIZATION IN JAPAN




in Japan. Since the NHI covers relatively          WELFARE ASSISTANCE
low-income earners and has no employer
                                                      Public Assistance for the Poor (Seikatsu-
fund, one-half of its insurance benefits must
                                                   Hogo) is major means-tested in-cash benefit
be subsidized by the national government.
                                                   available to households, whose income falls
Since municipalities have discretions over the
                                                   below the minimum standard of living. The
premium schedule, the premiums for the NHI
                                                   minimum cost of living set by the central
differs across municipalities, even though
                                                   government is compared with applicant’s
patients of comparable characteristics receive
                                                   income, and if income does not meet this
comparable medical services at identical out-
                                                   standard, the difference is compensated by
of-pocket expenses.
                                                   in-cash benefits. Minimum standard of living
                                                   depends on a number of factors including
LONG-TERM CARE INSURANCE                           household size, ages of household members,
                                                   and location of residence. Caseworkers
  As Japan is rapidly aging, the number of         are responsible for conducting surveys of
elders who need care is expected to grow.          applicants’ income and assets (means-test) and
The long-term care insurance system (Kaigo-        certifying them as being eligible for benefits.
hoken), which was introduced in 2000, is           The applicants are required to full utilize or
intended to insure against expenditures for the    exhaust their resources available. Because of
long-term care. Today, the number of persons       the recession after Lehman’s fall, the number
insured and beneficiaries of the programme         of recipients hits a post war record: 2 million.
reaches 69 million and 3.9 million respectively.   The central government takes on three-fourths
Insurers are municipalities. The LTCI covers       of the total cost through grants, whereas
those who are aged 65 or older (Type 1) and        local governments born remaining one-
those who are aged 40 to 64 (Type 2). Insured      fourth by general revenue sources. Regional
persons belonging to Type 1 are qualified as       differences in take-up rate are large; however,
beneficiaries. The municipalities determine the    it reflects economic and social factors such as
appropriate category based on the applicant’s      unemployment rate, number of elderly, and
need and then notify the applicant of its          divorce rate which are beyond the control of
decision. There are three source of financing      local governments themselves.
for long-term care insurance: out-of-pocket
expense, premium and budget income. Users
are responsible for paying 10 per cent of
cost. Half of the rest resources is financed by
premiums paid by insured persons. Remaining
50 per cent of cost is funded by transfer
from the central government (25 per cent),
prefectural governments (12.5 per cent), and
municipalities (12.5 per cent).




8
CHAPTER 3
                                                                                       LOCAL OWN REVENUES




CHAPTER 3	 LOCAL OWN REVENUES



GENERAL MATTERS                                      the distribution of personal income and
                                                     consumption tax is relatively even across
  Japan’s local governments collect about 8.1
                                                     localities. Second, it can also make cyclical
per cent of GDP in taxes( see, table 1). There
                                                     fluctuation more smooth. Corporate income
are about a dozen local taxes. Before discussing
                                                     tax varies greatly in response to business
in turn the most important of these local taxes,
                                                     cycles, however revenues from consumption
we must consider a few general issues.
                                                     and property tax are more stable (OECD,
                                                     2005; Mochida, 2001).
SHARED TAX BASES                                       Third, the system of tax base being dispersed
   Different level of governments have access        can make tax burden proportional to residents’
to same tax bases. There are few ‘shared taxes’      income. Taxes on consumption tax and
in the sense of taxes shared between the central     property for residences is relatively regressive
governments and sub-national governments.            to income, but it is mitigated by income tax
What are ‘shared’ here are not tax proceeds          with progressive rate structure. Boadway,
but tax bases. Both central government and           Hobson and Mochida( 2001) verified that
local governments tax on personal income,            residence-based local taxes are in proportional
corporate income and consumption. Consider,          to income. However, dispersed tax bases is far
for instance, value added tax (shohi-zei). Let us    from simple. The number of different taxes is
assume that tax base, here final consumption,        too large, and the taxes levied is not a kind
is 100 of JPY. The central government will           that can be readily understood by tax payers.
tax on a rate of 4 per cent, prefectures on a        The link between tax paid and public services
rate of 1 per cent. Then, consumer will pay          received is less visible for the local residents in
4 JPY to the central government and 1JPY to          Japan (Mochida and Lotz, 1999).
the prefecture at the cash register. In practice,
however, there are probably few taxpayers
who know which governments are receiving             TAXING POWER OF LOCAL
the local component of VAT they pay. This            GOVERNMENTS
approach does not induce accountability.               Broadly speaking, local government can
  As a result of shared tax bases, local taxes       enjoy freedom in tax matters. The lower
disperse its bases widely across income,             jurisdictions set their own tax rate either as
consumption and property. This is apparent           surtax on national tax revenues or to apply
from table3.2. It contrasts sharply with single      to the national base, and a higher level of
local tax system established in UK and Nordic        government does sets upper and lower lmits
countries etc. This system of tax base being         on the rate chosen. In fact, tax revenue share
dispersed has some advantages. First, to some        with full or partial discretion on tax rate
extent it can alleviate regional disparity (Policy   setting amounts to more than 80 per cent
Research Institute, Ministry of Finance,             (Blochlinger, Rabesona 2009; OECD 1999)
2002). Distribution of corporate income              . The share of piggy-backing taxes in terms
taxes is skewed toward urban areas,while             of revenues is higher than OECD average.


                                                                                                        9
FISCAL DECENTRALIZATION IN JAPAN




However, local governments do not make good            with capital of more than JPY 100 million
use of these flexibility. The rate of some local       will be altered to include both a value added
taxes are neary uniform across the countries.          component and a capital component. The
Personal inhabitant tax, local consumption tax         value added tax bases is the sum of wages,
and property taxes are in fact tax sharing.            net interest paid, net rents paid, and taxable
                                                       income (profit) and the capital base consists of
   There are a few progress in enhancement             paid in capital plus capital surplus. The larger
of taxing power of subnational governments.            corporations subject to this new tax continue
First, flexibility of tax rate has been enhanced       to be subject to local business tax based on
by the removal of the ceiling (upper limit) on         their taxable income (profit), but at a reduced
the municipal inhabitant taxes on individuals          rate (maximum of 7.2 per cent, compared
in 1998 and of the maximum property tax rate           with the normal maximum of 9.6 per cent for
in April 2004. Generally speaking, Japanese            the local enterprise tax). In addition, however,
local governments’ discretionary taxing power          these larger corporations will now be taxed
are higer than in Austratia, Germany, Italy and,       at rate of 0.48 per cent on value added and
until recently, Belgium and Spain. Second,             an additional 0.2 per cent on capital. The
tax autonomy of local governments has been             purpose of this new system was essentially to
further enhanced by the 2000 Amended                   reduce the sensibility of local tax revenues to
Local Taxation Act which enable them to                economic fluctuations, thereby insulating local
invent and create ‘supra-legal taxes’ (i.e. taxes      finace from the effects of Japan’s continuing
not stipulated by national laws, but local             reccesions.
ordinance) after consultation with Ministry of
Internal Affairs and Communications. Many
subnational governments introduce new taxes,
                                                       Figure 2 Local taxes in Prefectures, FY2009
including some on nuclear and industrial
waste, hotel stays, fishing, holiday house etc.
However, several tax experts point problem                                          inhabitant   property
                                                                        light oil   tax 2%       acquisition
of ‘supra-legal taxes’. These taxes often fall on                       delivery                 tax 3%
non-residents or can be shifted on non-voting                           tax 6%
company and revenues are in many cases low,              automobile                                 others 3%
while obtaining the consent of local residents           tax 11%
is time-consuming task.


INDIVIDUAL LOCAL TAXES                                 local
                                                       VAT                   Prefecture tax
                                                       17%                  14.6 trillion yen
LOCAL BUSINESS TAX
   Local business tax (Jigyo zei) has been the
most important prefecture tax in Japan, and
it still is, despite recent reform in its tax bases.
Figure 2 shows that they constitute 30 per                                                        inhabitant
                                                                      enterprise                  tax 38%
cent of prefectural tax revenues. Until 2004,
                                                                      tax 20%
local business tax has been imposed on income
(profit) of firms and deducted from national
                                                       Source: Ministry of Home Affairs and Communica-
corporate income taxes. Beginning in April             tions (2011) White paper on local public finance,
2004, the local tax imposed on corporations            figure29.



10
CHAPTER 3
                                                                                      LOCAL OWN REVENUES



  Advocates of this new tax support the idea        Because local comsumption tax relys collection
of the ‘benefit principle’. To the extent that      on national tax administration and has no
particular local public service directly benefits   flexibility on tax rate setting, it looks like tax
business, those firms should pay tax on its value   sharing. Local Tax Raw stipulates that tax rate
added which reflects business activities. This      of local comsumption tax is automatically peg
idea goes back to Shoup Recommendation in           to 25 per cent of national VAT rate. Prefectures
1949. In the case of Japan, Hayashim (2008)         are discouraged to from increasing tax rate,
estimates that on average close to 16 per cent      hoping that the central government will pay a
of prefecture expenditures benefits commercial      high political price for implementing tax hike.
and industrial activities. This study concludes     In contrast, local consumption tax has several
that the taxes imposed business constitute          advantage. It has essentially low sensibility
a higher share than benefits received by            to economic fluctuations, thereby insulating
business. However, the original proposal was        local finace to some extent from the effects
faced strong opposition from business to            of Japan’s continuing reccesions. In addition,
paying taxes when firms had no profit. Official     distribution of tax revenue across the country
tax statistics reveal that 1.7 million out of 2.5   is more even, compared with other taxes such
million corporations report no profits. As a        as local business tax, inhabitant tax (Mochida,
result of political backlash agaist pro-forma       Horiba and Mochizuki 2010).
based local business tax, the scope of tax base
on value added has been substantially eroded.
Mochida (2008) estimates that only 1.1 per          INHABITANT TAX
cent of total corporations (i.e. 29,000 out of        Inhabitant tax is a basic local tax on
2.5million corporations) actually pay taxes on      personal income for both municipalities and
value added.                                        prefectures as figure 3 indicates. In 2009, tax
                                                    revenue from individual prefectural inhabitant
                                                    tax was 2,378 trillion yen, and tax revenue
LOCAL CONSUMPITION TAX                              from personal municipal inhabitant tax was
   Local comsumption tax is relatively new          5,583 trillion yen. Taken together, inhabitant
prefectural tax. But it has been third largest      taxes make up approximately 36 per cent of
tax in prefectural budgets since 1997 as figure     municipal tax and 38 per cent of prefecture
2 demonstrates. Local comsumption tax               tax respectively.
is essentially local surtax on national VAT.
Central government imposes VAT at rate of             The inhabitant tax comprises three elements:
4 per cent and local government at uniform          an income base (tax rates of 10 per cent)
rate of 1 per cent. Local component of VAT          levied on the previous fiscal year’s income, a
is collected by prefectures on origin basis.        lump-sum base, and tax on interest, dividends,
After collecting taxes, each prefecture transfers   capital gains. The minimum amount of
it among them in proportion to the amount           taxable income is set lower than that of the
of final consumption, thereby attributing the       national income tax. Each month, a taxpayer
local VAT to prefectures on destination basis.      pays income tax and personal inhabitant tax
Each prefecture, however, allocates half of tax     to their employer through tax withholding
received to its municipalities in proportion to     at the source. The employer then delivers the
the number of population and employees.             personal inhabitant tax to the municipality in
                                                    which the employee resides.
  Opponents saw main problems of local
comsumption tax to be lack of accountability.



                                                                                                      11
FISCAL DECENTRALIZATION IN JAPAN




                                                                 The tax is imposed on capital value instead
Figure 3 Local taxes in Municipalities,                       of on annual rental value at present. One
          FY2009
                                                              advantage is that the tax be extended to include
                                                              all depreciable assets of business enterprises,
                                   others 3%                  that is, machinery, vats, ovens, and so on,
                city planning
                tax 6%                                        instead of being restricted to land buildings.
                                                              Such assets cannot well be included in the tax
                                                 personal     rolls on an annual rental basis. If they were
                                                 inhabitant   valued on a capital basis and the land and
                                                 tax 36%      buildings were continued on a rental basis,
                                                              it would be necessary to distinguish between
                                                              structures that are buildings (real estate) and
                     Municipality tax                         those that are not between ‘immovables’ and
                     20.5 trillion yen
                                                              ‘movables’. This is often a difficult distinction
                                                              to draw, and the difficulty is indeed one reason
                                                              why property tax includes all depreciable assets
                                                              in the tax base.
     property
     tax 42%                                                     The other advantage is linked with the
                                    business                  consideration for revaluation of business
                   cigarette
                   tax 4%           inhabitant                assets. To avoid gross overvaluation by
                                    tax                       taxpayers seeking to increase depreciation
                                                              and decrease capital gains under the income
                                                              taxes, it is desirable that the tax system contain
                                                              automatic checks. One of these checks is
source: Ministry of Home Affairs and Communica-               obtained by requiring that the value set for
tion(2011) White paper on local public finance,               purposes of the land and house tax shall not be
figure30.
                                                              less than the value recognized for revaluation
                                                              under the income tax, minus subsequent
                                                              depreciation. To obtain this check, the land
                                                              and house tax must be imposed on capital
                                                              value, not on real value.
PROPERTY TAX                                                    Although the assessment of this tax is local,
  Entire responsibility for the property tax rest             a uniform system of assessment is applied
in the cities, towns, and villages, and all the               throughout the country. Almost 178 million
revenue should go to them. The tax is given to                lots of land and 61 millions of buildings
the municipalities rather than the prefectures,               are regularly reassessed every three years.
because the municipalities are more in need                   Municipalities must impose at least a standard
of revenue, and because this is one of the few                rate of 1.4 per cent of capital value, but if they
taxes that even the smaller municipalities can                wish can increase the rate up to 2.1 per cent.
administer with a reasonable degree of success.               About 10 per cent of municipalities impose
As figure 3 shows, property tax is largest one in             higher rates. The tax is imposed on the owner
own tax revenue of municipalities.                            of the real estate, not the occupier.




12
CHAPTER 4
                                                                                            INTERGOVERNMENTAL TRANSFERS




CHAPTER 4	 INTERGOVERNMENTAL TRANSFERS



TRANSFER TYPES                                                with a deficit and the central government with
                                                              a surplus. Although the ratio of central to
  Japan’s local governments receive from the                  local government expenditure in Japan is 40
central government about 5.7 per cent of                      to 60, on a final disbursement basis, the ratio
GDP in transfers. There are about a dozen                     of central to local tax collections is the reverse:
transfers. Table presents composition of                      60 to 40 for the central government. Table 3
transfers by type. Before discussing in turn the              presents a comparison of the intergovernmental
most important of these transfers, we must                    transfers in different countries. It confirms
consider a few general issues.                                that grants play a relatively minor role in the
                                                              US, Germany, Canada, and Sweden, while its
                                                              relative magnitude in UK, France, and Japan is
VERTICAL FISCAL GAP                                           high. In spite of access to an uncommonly wide
  Given the differentials between expenditure                 range of revenue instruments, the Japanese
responsibilities and revenue raising capacities,              system is characterized by a significant vertical
the lower level of governments would end up                   fiscal gap.


Table 3 Revenue received by state and local government, FY2010

                                                                                              as % of total revenue
                                    texes             user fees              grants                   others
 United kingdom                      12                  13                    73                        2
 France                              35                  27                    41                        7
 Japan1
                                     45                   6                    36                       13
 United states1
                                     49                  21                    24                        6
 Germany  2
                                     68                   4                    18                       10
 Canada                              53                  10                    21                       16
 Sweden                              62                  10                    25                        3
 Note: For federal countries, state governments only, excluding local governments.
 1. data for Japan, United states correspons to 200 ; 2. including tax sharing.
 Source: OECD and Korea Institute for Public Finance (2011) Institutional and Financial Relations across Levels of
 Government.


CONDITIONAL OR UNCODITIONAL                                   national VAT and, to all intents and purposes,
                                                              on the national income tax. As a result of
   A large scale of transfers serves to close this
                                                              centralized collection but also, de facto, in the
‘fiscal gap’. This occurs explicitly through the
                                                              presence of decentralized collection, there is a
Local Allocation Tax as well as Specific Purpose
                                                              significant degree of harmonization in both
Grants. It also occurs indirectly as a result
                                                              bases and rate structures.
of local government’s piggy-backing on the

                                                                                                                      13
FISCAL DECENTRALIZATION IN JAPAN




Figure 4 Contribution of the LAT to reducing regional disparities (per capita, FY2003)
            ¥
 400,000
 350,000                                                              local tax revenue per capita                                                             the LAT per capita
 300,000
 250,000
 200,000
 150,000
 100,000
  50,000
        0
            tokyo
                    saitama
                              osaka
                                      aichi
                                              sizuoka
                                                        hirosima
                                                                   gunnma
                                                                            nara
                                                                                   tochigi
                                                                                             mie
                                                                                                   okinawa
                                                                                                             ehime
                                                                                                                     fukusima
                                                                                                                                hokkaido
                                                                                                                                           niigata
                                                                                                                                                     isikawa
                                                                                                                                                               oita
                                                                                                                                                                      akagosima
                                                                                                                                                                                  miyazaki
                                                                                                                                                                                             saga
                                                                                                                                                                                                    iwate
                                                                                                                                                                                                            tokusima
                                                                                                                                                                                                                       kochi
                                                                                                                                                                                                                               simane
Source: Ministry of Internal Affairs and Communications (2005a) Annual Report on Local Public Finance Statistics



   The Local Allocation Tax plays a key fiscal                                                                functions performed by local governments
equalization role in the Japanese transfer                                                                    on behalf of the national government.
system in Japan. The name of this transfer is                                                                 Some involve substantial subsidies to local
somewhat misleading. LAT is not local tax, but                                                                governments in recognition of large spillover
essentially a kind of lump-sum unconditional                                                                  effects. Some involve incentives for local
grants. The name comes from common desire                                                                     governments to undertake specific projects.
of local governments to view it to be ‘shared                                                                 In total, central-local grants comprise almost
resources’. It is funded out of a revenue pool                                                                one-third of local government revenues.
based on fixed portions of five national taxes,
and allocated according to formula based on
differences in basic needs and fiscal capacities.                                                             LOCAL ALLOCATION TAX
The total size of equalization is a fixed portion
of national taxes from individual, corporate                                                                  CASE FOR EQUALIZATION
income, alcoholic, tobacco taxes. The LAT
is paid annually to local governments whose                                                                      The necessity for fiscal equalization arises
basic financial needs exceed basic financial                                                                  from the fact that the financial resources, the
revenues. Those rich localities whose revenue                                                                 need for services, and the cost of particular
exceeds need are neither eligible for the grants                                                              local activities vary widely among different
nor liable to contribute money for fiscal                                                                     local areas. For example, the per capita taxable
adjustment. It is worth noting the extent                                                                     capacity of some prefectures was 3 times
in which the Japanese equalization system                                                                     that of others, and same holds true for the
reduces territorial fiscal inequalities is very                                                               difference between the richest and poorest
strong (see, figure 4).                                                                                       municipalities. Unfortunately, the areas
                                                                                                              requiring the most local service, namely, those
  Specific purpose grants are funded out of                                                                   in which there were more needs for education,
general revenues. It is essentially a kind of                                                                 health services, roads, welfare activities, were
conditional matching grants. Some involve                                                                     likely to be the precise areas having the least
full payment by the national government for                                                                   taxable capacity. These differences were not


14
CHAPTER 4
                                                                               INTERGOVERNMENTAL TRANSFERS



only unjust but undesirable in their effects on        Where Iik is a measurement unit for service K
individual and national welfare.                    of ith region, Uik unit cost for service K of ith
                                                    region, and Mik a modification coefficient for
                                                    service K of ith region. A measurement unit or
FORMULA                                             “workloads” reflects the number or size of the
  The Local Allocation Tax plays a key fiscal       beneficiaries of a particular expenditure. Unit
equalization role in the Japanese transfer          cost is a kind of financial cost of providing a set
system in Japan. Let us in turn discuss the         of services. The unit cost, however, is uniform
computation formula of LAT.                         throughout the country, and no consideration
                                                    is given to either the unique services or the
  First, it is funded out of a revenue pool         special circumstances of localities. So an
based on fixed portions of five national taxes.     exceedingly complex adjustment is made of
                                                    the unit cost applicable to such services.
   TT = 0.32 × (NTy + NTa) + 0.358 × NTc +
   0.295×NTv + 0.25 × NTt                              Forth, fiscal capacity of Ci is the sum of 75
  Where TT denotes total financial pool of          per cent of local tax revenue and tax sharing.
transfer, NTy the personal income tax, NTc the      Let us assume that local tax revenue is JPY 5
corporate income tax, NTa the alcoholic tax,        million. The locality will deceide to hike taxes
NTv 80 per cent of value added tax revenue,         by JPY 1 million. Hold basic needs constant.
and NTt the tobacco tax.                            LAT will decrease by JPY 0.75 automatically,
                                                    while additional JPY 0.25 million is retained
  Second, the revenue pool are allocated            in the pocket of localities, thereby giving
according to formula based on differences in        incentive for local governments to collect
basic needs and fiscal capacities, rather than      their own taxes. In addition, national standard
being determined at the discretion of higher        tax rate and bases are used to equalized tax
level governments. The LAT is paid annually         capacities. Let us assume that tax base is
to local governments whose basic financial          JPY 100 million. The locality will decide to
needs exceed basic financial revenues.              lift up the rate from standard of 5 per cent
                                                    to 7 per cent. Tax revenue will increase by
  LATi = Ni - Ci			                                 JPY 2 million, but ‘fiscal capacity’ remains
                                                    unchanged, thereby insulating local autorities
  Where LATi denotes local allocation               from loss of LAT. Local governments with
tax to ith region, Ni basic need of ith             high tax efforts will not be penalized, while
region, and Ci fiscal capacity of ith               local governments with low tax effort not
region. Rich localities with revenue that           encouraged.
exceeds need are neither eligible for the
                                                      Finally, the funding pools do not necessarily
grants nor required to contribute money             match formula-driven entitlements for
for fiscal adjustment, as is the case in            transfers. A way of resolving these conflicting
some countries.                                     demands is to fix the funding pool to a certain
                                                    percentage of national revenue and to review
  Third, national average costs and standards
                                                    this rate through regular negotiations. The
of services are used to equalize for needs. Basic
                                                    Local Allocation Tax Law (Article 6, paragraph
need of Ni are calculated as the number of
                                                    3-2) indentifies a critical situation in which
measurement units by multiplying the unit
                                                    the gap comes to roughly 10 per cent or more
cost, adjusted by modification coefficients
                                                    of the LAT transfers, and this condition has
expressed as follows:
                                                    continued for two years and is predicted to
  Ni = ∑k (Iik × Uik × Mik)	                        continue for another year or longer. The law


                                                                                                        15
FISCAL DECENTRALIZATION IN JAPAN




stipulates that, in such critical situations, the                        a remote rural prefecture, collects only JPY
tax-sharing ratio will be raised. Such critical                          87,000. Looking at total resource from
situation has continued since 1996, however,                             the LAT transfer and local tax, the latter’s
the tax-sharing ratio has not been raised.                               figure increases to JPY 341,000 compared
                                                                         to the former’s JPY 158,000. Overall,
                                                                         some poor or remote jurisdictions end up
DISPARITY REDUCING EFFECTS                                               having more financial resources than those
  As for how Local Allocation Tax is being                               available in the richest ones. Figure 5 gives an
achieved, and how the impact of Equalization                             overview of fiscal capacity indicators of local
can or should be measured: The Local                                     governments before and after equalization.
Allocation Tax Law identifies main purposes                              Regional disparity shown by Gini coefficient
of it: ensuring to perform national standard                             are virtually eliminated. In conclusion, the
service on a reasonable but minimal basis; and                           actual degree of equalization was perhaps
compensating for disparities in fiscal resources                         more important before the 1970s, when the
and needs.                                                               transfer system contributed significantly to
                                                                         equality (Mochida 2001:101-104). Since
  On the second objective, disparity reducing                            then regional fiscal disparities have been
effect of LAT is extremely high. For example,                            reduced, there has so to speak been less
Aichi prefecture of industrial complex of big                            ‘inequality’ to fix through local allocation
company like Toyota Motor collects local tax                             tax, and subsequently the intensity of the
of JPY 143,000 per capita, while Shimane,                                equalization effect has fallen.



Figure 5	 Degree of equalization (1950-2002)

Gini coefficient

         0.35
                                             Regional disparity
           0.3

         0.25

           0.2

         0.15

           0.1
                                                                            Post-Equalization
                                                                            regional disparity
         0.05

             0
                 1950

                        1953

                               1956

                                      1959

                                             1962

                                                    1965

                                                           1968

                                                                  1971

                                                                         1974

                                                                                1977

                                                                                       1980

                                                                                              1983

                                                                                                     1986

                                                                                                            1989

                                                                                                                   1992

                                                                                                                          1995

                                                                                                                                 1998

                                                                                                                                        2001




Note: Regional disparity is defined by Gini Coefficient of per capita local tax in each prefecture and post equalization
disparity is defined as Gini Coefficient of per capita LAT plus local tax in each prefecture.
Source: Mochida, N (2004) Fiscal Decentralization and State-Local Finance , table 1-6.


16
CHAPTER 4
                                                                              INTERGOVERNMENTAL TRANSFERS



   Another objective of LAT is guaranteeing         for the future. The following provides
adequate revenue to allow local governments         highlights of the key themes and issues
to provide national standard level of public        identified (Mochida ed. 2006).
services( The Local Allocation Tax Act,
article3). Taking primary education and               First, the coverage and costs of fiscal
long term care for the aged as a example,           equalization scheme have increased over the
the central government requires/mandates            past decades. Several factors have contributed
local governments by law to provide these           to the upward pressures on the equalization
public services. Furthermore, the central           system. The local allocation tax becomes
government imposes strict and detailed              asymmetric in adjusting for the business cycle
operational standard of these responsibilities      (Mochida 2004; OECD 2005). The funding
(students-teacher ratio, pay standard of            pool—namely, a set percentage of the national
teacher, benefit level of long term care etc.).     tax—expands when the economy is growing.
Because of this, the central government has         Cyclical windfall tax revenue made it possible
obligations to guarantee adequate revenues for      to upgrade national standard for local public
local governments, thereby allowing them to         services. However during downturns, it has
fulfill these responsibilities. The upper level     been difficult to cut back these transfers.
of government, however, does not pay full              Second, with respect to adverse incentive
cost of providing the services. Instead, it gives   effects, Japan’s equalization system has both
conditional grants covering about one-half          strength and weakness. The formula contains
in general. Local governments having less tax       some strong points that are intended to
capacity are eventually forced into using up        contain inefficient behavior. For one thing, it is
own tax plus LAT revenues to cover remaing          calculated based on standardized tax revenue,
cost. Actually, the Local Finance Law requires      the entitlements are not affected, even if the
that basic needs of LAT must include local          actual tax rate changes. Furthermore, 25
cost associated with mandate responsibilities       per cent of the estimated tax revenue is not
(article 11-2).                                     included into fiscal capacity, thereby giving
   Overall, LAT focus is not on making sure         local governments the incentive to expand
all local governments have the fiscal capacity      their tax base to some extent.
to deliver reasonably comparable service to           However, LAT transfer hinders local
their resident at reasonably comparable levels      governments’ incentive to provide efficient
of taxation. Instead, it is designed to ensure      services in a number of areas. The main
that common standards in outcomes of public         problematic points are as follows:
services are achieved. LAT is not textbook-like
unconditional grants. Put it differently, the       •	 The local debt service are often included
Local Allocation Tax is uniquely designed to           in the basic need of the LAT. It is done
reflect the Japanese reality where the central         through the modification coefficient
government has strong influence over local             for debt services. For example, in some
decision making, thorough detailed conditions          regional development projects, 75 per
attached specific purpose grants.                      cent of financial resources were procured
                                                       by isuing local bonds, but 55 per cent
                                                       of the debt service was by law added
ISSUES                                                 to the LAT entitlement in the future.
  For the past decade, we listened to a wide           Mochida(2004) estimate that 36 per
range of opinions and ideas about the Local            cent of total local debt outstanding will
Allocation Tax and how it should be changed            be redeemed by the central government


                                                                                                       17
FISCAL DECENTRALIZATION IN JAPAN




     (Mochida (2004)). To do so provided an       clear separation of central and local function.
     adverse incentive for local governments to   Major programmes (education, health, public
     incur higher levels of debts.                works) are formulated by central ministries
•	 Local allocation tax gives premiums            and financed by many specific grants.
   to small local governments (called             Therefore, the issue for Japan is not so much
   modification coefficients for local            to change/enlarge the expenditure assignments
   government size). Originally, this             themselves, but to redefine responsibilities for
   adjustment is intended to take into            designing, implementing, and financing these
   account diseconomies of scale where            assignments.
   fixed cost must be spread among a                With this respect, central control through
   smaller population. However, these             specific purpose grants over local choice is of
   generous premiums are criticized by            a critical importance. Specific purpose grants,
   The Council of Economic and Fiscal             called ‘central government disbursement’
   Policy for obstructing efforts to merge.       (kokko-sisyutukin), accounts for 14.8 per cent
   Consequently, the modification                 of total local revenues. It seem to be given to
   coefficients for local government size were    local authorities for purpose relating to public
   scaled back in fiscal year 2002.               works such as road and urban planning, for
•	 As discussed before, quarter tax revenue       compulsory education, for social services such
   is not included into fiscal capacity. This     as welfare benefit to low income family. Several
   reserve gives local governments incentive      central government disbursements for specific
   to expand their tax base. However, facing      purpose, in legal terms, can be grouped into
   with incredible debt accumulations,            three broad categories depending on the degree
   The Council of Economic and Fiscal             of central government’ obligation; “payment
   Policy (CEFP) severely criticized it for       for agency tasks”, “obligatory share”, “grant-
   creating ‘poverty trap.’ Consequently,         in-aid”.
   central government had reluctantly
                                                    The desirability to use specific purpose grants
   lifted up the reservation rate for the
                                                  of first two seems to be almost self-evident.
   prefectures from 20 per cent to 25 per
                                                  For instance, where local authorities act in
   cent in 2002. However, other observers
                                                  reality as mere agents of central government,
   argue that this criticism does not have
                                                  the latter should normally reimburse the
   sufficient empirical evidence (Horiba,
                                                  full costs. “Payment for agency task” such as
   Mochida, and Fukae 2003). They argue
                                                  compiling national census, registration of
   that it is systematically impossible for
                                                  foreigner, quarantine activities can be thought
   local governments to get more LAT
                                                  of in this way. For another, with regards to
   transfer by lowering the effective tax rate
                                                  functions which have a large spill-over effect
   or by making less effort to expand local
                                                  or in which central government seeks to
   economy, because they are not allowed
                                                  standardize the level of activities, the cost
   wide range of discretion over setting rate
                                                  should be borne or shared by higher level of
   or changing tax base.
                                                  government. “Obligatory shares” such as grant
                                                  for expenditure on public works, education,
SPECIFIC PURPOSE GRANTS                           health, welfare, narcotic controls can be
                                                  justified by such reasons.
  The central government remains heavily
involved in almost every aspect of local public     In contrast, the desirability to use “grant-
spending. This is so because, unlike the          in-aid” is now under critical review. This is
American or Canadian systems, there is no         so because, grant-in-aids are, by their very


18
CHAPTER 4
                                                                            INTERGOVERNMENTAL TRANSFERS



nature, privileged instruments for the central     During this selection process, the central
government to influence the expenditure            government often requires modifications
patterns of local authorities and, therefore, to   to projects so that it will conform to central
induce them to act in a manner which accords       governments standards. Needless to say, almost
with its own priorities. The way in which          all local governments accept the conditions
this aim can be achieved as follows; first, a      required. Conditions accompanying the
local government submits an application for        allocation of grant-in-aid provide the central
a disbursement to central government. The          government with powerful method of control
application describes the project and explains     over the activities of the local governments. In
the reasons for its importance. The central        general, in order not to undermine the local
government then assesses all of the applications   democratic process, government grants should
submitted by local governments and selects         be used as little as possible to restrict local
those projects to which payment will be given.     discretion in providing services.




                                                                                                     19
FISCAL DECENTRALIZATION IN JAPAN




20
CHAPTER 5
                                                                                 LOCAL BORROWING AND BUDGET CONSTRAINTS




CHAPTER 5 LOCAL BORROWING AND
          BUDGET CONSTRAINTS


   Japan plunged into a long-term recession                    The law stipulates that gap between
subsequent to the collapse of the bubble                     entitlments and funding pool should be
economy. Japan’s fiscal arrangements have been               addressed by increase in tax-sharing ratio
strained since then. The fiscal arrangements                 (The Local Allocation Tax Law 6-3-2). It is,
rely heavily on explicit revenue sharing                     however, difficult to raise tax sharing ratio
arrangements between the national and local                  of five national taxes during severe recession.
governments. As a result of the downturn,                    Actually, LAT revenue shortage has been
revenues to be shared have been significantly                covered by: 1) ‘ad hoc’ transfer from general
reduced. The growing gap between revenues                    account of central governments, 2) financing
and expenditures at the local level has led to               by LAT special account borrowing, 3) ‘extra’
an increase in equalization entitlements under               local bonds issuance. Let us turn our attention
the existing formula, while the revenue pool                 to local bonds and debts.
available for equalization purposes has been in
decline.




table 4 Local debt outstandings, trillion Yen

                              local        borrowing from     local enterprise      total local       as percentage
                           government      special account         bonds            borrowing            of GDP
                             bonds             for LAT
 1991                           54                0                 14                  68                 14.7
 1996                          103               14                 21                 138                 27.0
 1997                          111               15                 23                 149                 28.8
 1998                          120               17                 24                 161                 31.6
 1999                          125               22                 25                 172                  34
 2000                          128               26                 27                 181                 35.2
 2001                          130               28                 28                 186                 37.4
 2002                          134               30                 28                 192                 39.4
 2005                          140               33                 27                 200                 40.0
 2006                          139               33                 27                 199                 39.2
 2007                          138               33                 26                 197                 38.5
 2008                          137               33                 26                 196                 40.0
 2009                          139               33                 25                 197                 41.8
 Source: Ministry of Home Affairs and Communications (2011) White paper on local public finance.




                                                                                                                      21
FISCAL DECENTRALIZATION IN JAPAN




DEBT SURGE                                        FISCAL RULE
  As table 4 demonstrates, local debts has          In addition, National laws dictate a number
soared rapidly since the early 1990s, reaching    of fiscal rules to be respected if a local
to 40 per cent of GDP in FY2000, from 15          government intends issuing local bonds. In
per cent in FY1990. The trend has remained        order to maintain sound level fo bond issues,
on a plateau in the 2000s. This is so because     the effective debt service ratio is watched.The
local governments were encouraged to issue        ratio of local debt service (excluding those
bonds by the central government to cooperate      though Local Allocation Tax) to the standard
with fiscal stimulus package. As a result,        scale of local finance (the general purpose
local debts hit a postwar record and this level   resource) is calculated as follows.
is rare anywhere in the world at the time.
                                                    Ratio ={(A+B) - (C+D)}/(E - D)
While local government borrowing has largely
used to finance infrastructure projects, local    A :	 Redemption of principal and interests of
governments’ ability to repay their debts is           the concerned year
controversial matter.
                                                  B :	 Provision to special account, which were
                                                       used to service public enterprize bond
LOCAL BONDS
                                                  C :	 Special Revenue used for A
  In Japan, the Law limits subnational
borrowing to investment purpose. Local            D :	 Debt service, which were included in the
Finance Law (article5) stipulates that bonds           Standard Fiscal Need in the caluculation
can only be used to finance: 1) expenditure            of the LAT
for public enterprises (e.g.trasportation,
                                                  E :	 Standard scale of local finance (the
gas, and water service, 2) investment in and
                                                       general revenue estimated necessary
lending to organizations involved in areas
                                                       to maintain ordinary administration
of publis interest(e.g.roads, airport, sports),
                                                       standards)
3) loan refinancing, 4) disaster restoration
works ; and 5) expenditure on construction           When ratio reaches18 per cent, local
of public facilities and purchase of land for     governments are required to receive approval
building public facilities. These bonds are       from the centralgovernment to issue bonds.
called ‘Construction Local Bond’(kensetsu         When ratio reaches 25 per cent, most bond
chihosai).                                        issues will not be approved.
   However, the Diet can enact special law
to allow the issuance of ‘Special Local Bond’     INCENTIVE TO EXCESSIVE
(tokurei chihosai) in a number of specific
                                                  BORROWING
situations. These special local bonds are
essentially deficit-covering bonds, intending       Why do local debts hit a postwar record
make up for revenue shortfall of the LAT.         and is the level rare anywhere in the world
These include; tax cut supplymentary              at the time ? There are several reasons.
bonds(6.1 trillion yen), temporary fiscal         First, local governments have played big
measure bonds(21.5 trillion yen), revenue         role in public investment projects in
decrease supplementary bonds(5.1 trillion         1990s. They were expected to cooperate
yen) and retirement benefit bonds(1.4 trillion    with stimulas package launched by the
yen).                                             central governments since economic bubble
                                                  popped. However, the central government


22
CHAPTER 5
                                                                     LOCAL BORROWING AND BUDGET CONSTRAINTS



could not afford to give conditional grants          Tax, which could not sufficiently fill the
for infrastructure projects(city hall, parks,        revenue shortfall in Local Finance Plan. In
gymnasiums,sanatoriums etc), because of its          addition, local debts induced by the central
financial distress. Instead, local governments       government’s policy goal, is estimated to
were encouraged to issue bonds by the central        reach about 54 trillion yen (i.e. 39 per cent
government to cooperate with fiscal stimulus         of outstanding local bonds).On the contrary,
package.                                             local debts issued according to local own
                                                     initiatives, is estimated to reach no more
   In return, the central government gave a          than 18 trillion yen (i.e. only 13 per cent of
commitment to service local bond through             outstanding local bonds).
future Local Allocation Tax. Dispite a rapid
increase in local debt, fiscal rules on debt
servicing costs has not yet become biding,           PRIVATE SECTOR CREDITORS
since it deducts bond payment costs, which
are financed through the LAT, from the                 In Japan, the central government has
total amount of local governments servicing          implicitly guaranteed creditworthiness of local
costs. As a result, most local governments           government bonds through 1) dominant role
were almost under the illusion that their            of public institution in underwriting, 2) bond
debts would be redeemed by the upper-level           approval system, and 3) fiscal reconstruction
of government. Mochida (2004) estimates              system. Under these administrative controls,
that local governmets could recognize only           both lenders and creditors have believed local
47 per cent of debt outstanding as their own         governments would not fall into bankruptcy.
liabilities.                                         However, recent reform initiatives could
                                                     enhance greater self-responsibility of local
   Second, the growing gap between revenues          governments.
and expenditures at the local level has led to
an increase in equalization entitlements under
the existing LAT formula, while the revenue
pool available for equalization purposes has
been in decline. Since FY2001, the central
government has gone halves the cost (gap
between entitlments and funding pool) with
the local governments, the latter covers its
cost by issuing temporary bonds for fiscal gap
(rinzi zaisei taisakusai). Cap on the issuance of
this bond is allocated to each local government
on the basis objective criteria. It is essentially
deficit covering bonds.

  While temporary bond for fiscal gap has
been introduced as a temporary legislation
with 3 year term limit, it has carried through
to the present. These debts are estimated to
reach 25 trillion yen in FY2008 (i.e. about 18
per cent of outstanding of local bonds). They
have not be issued according to local own
initiative. Rather, they should be considered
as complementary to the Local Allocation


                                                                                                         23
FISCAL DECENTRALIZATION IN JAPAN




Figure 6 	 Main creditors of Local Bonds, in percent


     100%

     90%

     80%

     70%

     60%

     50%

     40%

     40%

     20%

     10%

      0%
             1973 1978 1982 1988 1993 1998 2003 2004 2005 2006 2007 2008 2009 2010

             other private         publicly advertised      public cooperation        central government
             sector fund           private fund             fund                      fund (FILP)


Source: Ministry of Home Affairs and Communication(2011) White paper on local public finance.




  Who lends to local governments? The                    FY2007. Dominant role of public institution
answer to this question is given in Figure 7.            in underwriting has gone out of the window.
First, it appears that fund rasing from public
and quiasi-public institution has been on a                Second, private sector has underwritten an
declining trend, falling to 27 per cent of GDP           increasing share of local government bonds.
in FY2009, from 63 per cent in FY1989.                   Private-sector funds cover about 60 per cent
The government has long history to collect               of total local bond issue-private bank buys
a substantial amount of public fund through              26 per cent and remaining 34 per cent are
credit programmes such as postal saving and              offered directly on the market. Private sector
pension fund, and manage these fund to carry             picture is dominated by publicly advertized
out national goals. So called ‘Fiscal Investment         bonds. 44 local governments issue publicly
and Loan Programme’ (FILP) gave long term                advertized bonds. International rating
and low interest loan to local bond market.              agency, Moody’s expects the rating of its 12
FILP, however, was almost dismantled in                  rated prefectures and designated cities will
FY2001. In stead, the central government                 remain at Aa2 with a negative outlook, the
started to issue national bond to raise fund and         same rating level as Japanese government
sublease it to local governments. In addition,           bonds, reflecting their belief that central
direct loan of postal savings and pension fund           government would step in to help any local
to local government sectors were terminated in           government experiencing a fiscal risk.

24
Fiscal Decentralization in Japan
Fiscal Decentralization in Japan
Fiscal Decentralization in Japan
Fiscal Decentralization in Japan
Fiscal Decentralization in Japan
Fiscal Decentralization in Japan
Fiscal Decentralization in Japan
Fiscal Decentralization in Japan
Fiscal Decentralization in Japan
Fiscal Decentralization in Japan
Fiscal Decentralization in Japan
Fiscal Decentralization in Japan
Fiscal Decentralization in Japan
Fiscal Decentralization in Japan
Fiscal Decentralization in Japan

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Fiscal Decentralization in Japan

  • 2. FISCAL DECENTRALIZATION IN JAPAN United Nations Human Settlements Programme Nairobi 2012 Sec1:i
  • 3. The Global Urban Economic Dialogue Series Fiscal Decentralisation in Japan First published in Nairobi in 2012 by UN-HABITAT. Copyright © United Nations Human Settlements Programme 2012 All rights reserved United Nations Human Settlements Programme (UN-HABITAT) P. O. Box 30030, 00100 Nairobi GPO KENYA Tel: 254-020-7623120 (Central Office) www.unhabitat.org HS/043/12E ISBN Number (Series): 978-92-1-132027-5 ISBN Number (Volume): 978-92-1-132458-7 Disclaimer The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers of boundaries. Views expressed in this publication do not necessarily reflect those of the United Nations Human Settlements Programme, the United Nations, or its Member States. Excerpts may be reproduced without authorization, on condition that the source is indicated. Acknowledgements: Director: Naison Mutizwa-Mangiza Chief Editor and Manager: Xing Quan Zhang Principal Author: Nobuki Mochida Contributor: Jaana Mioch English Editor: Roman Rollnick Design and Layout: Peter Cheseret ii
  • 4. FOREWORD Ur b a n i z a t i o n provision of adequate housing, infrastructure, is one of the education, health, safety, and basic services. most powerful, irreversible forces The Global Urban Economic Dialogue series in the world. It is presented here is a platform for all sectors estimated that 93 of the society to address urban economic percent of the future development and particularly its contribution urban population to addressing housing issues. This work carries growth will occur many new ideas, solutions and innovative in the cities of Asia best practices from some of the world’s and Africa, and to a leading urban thinkers and practitioners lesser extent, Latin America and the Caribbean. from international organisations, national governments, local authorities, the private We live in a new urban era with most of sector, and civil society. humanity now living in towns and cities. This series also gives us an interesting Global poverty is moving into cities, mostly insight and deeper understanding of the wide in developing countries, in a process we call range of urban economic development and the urbanisation of poverty. human settlements development issues. It will serve UN member States well in their quest The world’s slums are growing and growing for better policies and strategies to address as are the global urban populations. Indeed, increasing global challenges in these areas this is one of the greatest challenges we face in the new millennium. The persistent problems of poverty and slums are in large part due to weak urban economies. Urban economic development is fundamental to UN-HABITAT’s mandate. Cities act as engines of national economic Joan Clos development. Strong urban economies Under-Secretary-General of the United are essential for poverty reduction and the Nations, Executive Director, UN-Habitat iii
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  • 6. CONTENTS FOREWORD III CHAPTER 1 STATUS OF LOCAL GOVERNMENT 1 JURISDICTIONS 1 ECONOMIC WEIGHT 3 CHAPTER 2 LOCAL GOVERNMENT FUNCTIONS 5 EXPENDITURE BY FUNCTION 5 EXPENDITURE RESPONSIBILITY 6 CHAPTER 3 LOCAL OWN REVENUES 9 GENERAL MATTERS 9 INDIVIDUAL LOCAL TAXES 10 CHAPTER 4 INTERGOVERNMENTAL TRANSFERS 13 TRANSFER TYPES 13 LOCAL ALLOCATION TAX 14 SPECIFIC PURPOSE GRANTS 18 CHAPTER 5 LOCAL BORROWING AND BUDGET CONSTRAINTS 21 DEBT SURGE 22 CHAPTER 6 DRIVERS TO DECENTRALIZE THE PUBLIC SECTOR 29 FISCAL DECENTRALIZATION 29 AMALGAMATION 31 CHAPTER 7 LESSONS 33 REFERENCES 35
  • 7. FISCAL DECENTRALIZATION IN JAPAN LISTS OF FIGURES, TABLES AND BOXES LIST OF FIGURES Figure 1 Classification of Local Governments Figure 2 Local Taxes in Prefecture, FY2009 Figure 3 Local Taxes in Municipality, FY2009 Figure 4 Contribution of LAT to reduce regional disparities, per capita FY2003 Figure 5 Degree of Equalization, 1950-2002 Figure 6 Main Creditor of Local Borrowing Figure 7 Change in revenue component after ‘Trinity Reform’ (2004-2006) Figure 8 Questionnaire Survey on Amalgamation, 2010 LIST OF TABLES Table1 Income and Expenditure of Japan’s Local Governments, FY2008 Table 2 Expenditure by Function and Level of Governments, FY2009 Table 3 Revenues received by states and local government, FY2010 Table 4 Local Debt Outstanding Table 5 Number of SNG designated as ‘early stage fiscal improvement’ vi
  • 8. CHAPTER 1 STATUS OF LOCAL GOVERNMENT CHAPTER 1 STATUS OF LOCAL GOVERNMENT Virtually all countries in the world, whether The chapter states that regulations concerning explicitly federal or not, exhibit a degree of organization and operations of local public decentralization, and to that extent they share entities should be fixed by law in accordance a number of common problems. How much with the principle of local autonomy. The responsibility for expenditure programmes new Constitution articulates the government’s should be given to sub-national governments? responsibility in maintaining the minimum To what extent should they finance those standard of living and decent life. Especially, responsibilities from own source revenues? the modern development of redistributive How far should the central government go policy in Japan is based on the following in equalizing disparities in sub-national fiscal article 25 of the Constitution: capacities? What controls might be used to ensure responsible fiscal conduct, including (1) All people have the right to maintain with respect to borrowing obligations? While the minimum standards of wholesome and the answers to these questions are to some cultured living. (2) The state must make extent country-specific, there are a number efforts to promote and expand social welfare, of underlying principles that can be used to social security and public health services to inform them. Indeed, while this paper is a cover every aspect of the life of the people. case study of the evolution of multi-level fiscal [Article 25] decision-making in Japan, it would contains Normally, the constitution cannot specify many lessons for other countries of different details of tax and expenditure assignment characteristics. to each level of government. This task is left for laws on local taxation, such as the Local Finance Law in Japan. Among many laws Jurisdictions regarding fiscal issues, the Local Tax Law of Japan’s local autonomy has been guaranteed Japan has been main piece that governs the by the Constitution after the Second World division of taxing powers. The rules specified War. The post-war Constitution of Japan has a in these laws have ensured the stability and chapter on local self government (Article 92). predictability of local budgetary expenditure. 1
  • 9. FISCAL DECENTRALIZATION IN JAPAN Figure 1 Classification of local Governments Local governments Ordinary local authority Prefecture (47) Municipality (1727) Designated city (18) Core city (41) Special city (41) Other municipality (1627) Special local authority Special ward (23) Municipal cooperative Partial association (1393) Source: Ministry of Home Affairs and Communicatio (2011) White Paper on Local Public Finance, table 1 In Japan the government sector is stratified Japan is 39,000, which is considerably in into several levels, each having responsibility excess of the number found in average OECD for a particular set of public functions. The countries, except for UK (Shah 2006:28-29). main levels of the Japanese government are the These numbers have been achieved by several national, the prefectural, and the municipal waves of mass amalgamation. We often refer governments. The last two are called ‘local to prefectures and municipalities jointly as governments’, while the first is referred to as ‘local public bodies’. the ‘national’ or ‘central’ government. On the sub-national level, Japan has a so-called The origin of a modern local government two-tier system of local governments. Figure system in Japan can be dated to 1890s. In 1 shows that the total number of prefecture, about 1890, a highly centralized system was 47, has not changed since the prewar period created in Meiji, Japan, which was based on the except for the addition of Okinawa. On the German model(Muramatsu and Iqubal 2001). other hand, there are 1727 municipalities, Gradually, political parties mobilized the consisting of 785 cities, 750 towns and 192 residents, using local councils to enhance local villages (in March, 2011). The number of democracy and to express local interests to the municipalities in Japan is much less than in central government in the 1920s. Despite the France, Germany, USA, and Canada, but more progress and attempt toward decentralization than in United Kingdom and Sweden (Policy in 1920s, wartime mobilization completely Research Institute, Ministry of Finance 2002). recentralized the country. Average population per local authorities in 2
  • 10. CHAPTER 1 STATUS OF LOCAL GOVERNMENT The process of developing the local finance of social welfare programme in public pension, system in post-war Japan was initiated by medical care etc. The Second Provisional the US. In this regard, we must stress the Administrative Reform Commission significant role of the 1949 Shoup Mission in (SAPARC) assumed the responsibility for shaping the local finance system in post war tackling this issue, and it succeeded to Japan. Thus, the entire intergovernmental fiscal a significant degree in attaining its goal relations were fully reconstructed, producing through the privatization of large government epoch-making changes. However, ideal local cooperation. In contrast to previous decades, finance system achieved by the initiative of US they were now urged to prioritize and downsize influence was of temporary duration: many of public expenditures. The commission also the elements were modified soon after their recommended decentralization as a way to enactment. For one thind, the US’s proposed rationalize expenditures and reduce fiscal “layer cake” model, in which the functions of pressures (Muramatsu and Iqbal 2001:16-18). the central government and local governments are clearly demarcated, was not to be realized On the other hand, public statement claim as it intended (Mochida 2008). that Japan’s centralised system of government eventually be unable to resolve issues In this way, Japan mixed the pre-war generated by economic globalization and the centralized system with the decentralized fiscal stress caused by post-bubble economic in a distinct manner. On the whole, the blues. Reflecting these general outcries, the intergovernmental system continued to Murayama government finally enacted The feature strong centralized elements. However, Law for the Promotion of Decentralization, local passive attitude were temporarily on May 15, 1995 and Koizumi government dropped in response to the urban congestion lauched an ambitious reform of the three and environmental pollution. In the 1970s, components of local government financial Japan experienced a case of conflict between resources - earmarked grants, local taxes and the central and local governments. Two factors the local allocation tax – the so called “Trinity defined this new era of central-local relations: Reform” during 2004-2006. The question the mushrooming of residents’ movements, of decentralization and deregulation has and the increase in opposition control of developed into one of the most contentious local government. Furthermore, local policy political issues in Japan. initiative had reverse impact on national policy outcomes during this time (Muramatsu and Iqbal 2001:12-15). Japanese local Economic Weight government responded by expanding its role as policymaker in environment, city planning, In virtually every country, some amount of welfare on its own, as well as in its role as an decentralized fiscal decision making is a fact agent of the central government. of life. Lower-level jurisdiction- be they state or provinces, prefectures or regions, cities or In the 1980s, however, the Japanese municipapities- are typically given responsibility government faced a new challenge: fiscal stress. for delivering some of most important public Massive expansionary fiscal policy after oil services, such as schools, health service and shocks left fiscal deficit in its wake. The second social services. How important are local reason explaining the increase in fiscal deficit governments in Japan? Table 1.1 presents a relates welfare state construction. In the late quantitative approach to this question based on 70s, Japan did catch up with the Western level national account data for FY2008. 3
  • 11. FISCAL DECENTRALIZATION IN JAPAN Table 1 Income and expenditures of Japan’s local governments, 2008 Amount (trillion yen) percentage of GDP percentage of general government total expenditure 93.8 19.1% 54.20% final consumption 26.5 5.4% 67.60% social transfer in kind 40.1 8.2% 79.10% social benefits 8.7 1.8% 16.60% investment 12.3 2.5% 74.0% total income 90.8 18.5% 40.40% taxes 40.0 8.1% 46.10% transfers, receivable 28.1 5.7% 60.90% social contribution 20.1 4.1% 35.0% balance 0.8 0.2% - Source: national accounting data Note1:local government is defined as prefectures plus municipalities. 2: including national health insurance and long term-care insurance managed by municipalities. Several important points emerge. First, and cover 30 per cent of local government subnational government income and resources. Fifth, local governments invest 74 expenditures represent about 19.1 per cent per cent of general government’s investments. of gross domestic product(GDP) in Japan. Finally, local net lending is small relative to Second, in expenditure terms, the weight of central governmet net lending, but indebteness local governments is about half that of the is as much as the central government. Relying general government. Third, local taxes cover on these quantitative data, Japan does not about 44 of local government expenditures seem to match the standard model of a and represent, therefore, about 8.1 per cent of centralized country at all, where relatively weak GDP. Fourth,as a cosequence, transfers from subnational governments are assigned limited the central government to local government expenditure and revenue responsibilities. account for about 5.7 per cent of GDP 4
  • 12. CHAPTER 2 LOCAL GOVERNMENT FUNCTIONS CHAPTER 2 LOCAL GOVERNMENT FUNCTIONS EXPENDITURE BY FUNCTION spending on infrastructure has declined somewhat since the mid-1990s, but remains The efficiency arguments for decentralizing high by the standards of the Organisation for the provision of public services and targeted Economic Co-operation and Development transfers are fairly strong: decentralization will (OECD). Third, a significant portion of local enable public services, even those of national governments spending are not for public good importance, to be tailored to local preference. but for quasi-private goods, what are referring to The issue is the allocation of function between as ‘public services’(Boadway, Shah 2009:138). different level of governments. Which Large-scale expenditure programmes involving functions should the lower-level jurisdictions education, health, social security, welfare and be responsible? Table 2 present expenditure housing are of this sort. by function at different level of governments in Japan. A standard classification of Given the essentially private nature of government expenditure by function in the these services, one cannot rely on traditional IMF’s Government Finance Statistics Yearbook efficiency-type market failure arguments framework is not available for Japan’s local to justify public responsibility for their governments. Table 2 compiles such data on provision. Instead, the public sector assumes the basis of expenditure categories used in responsibility for providing public services Japanese budgetary statistics. This table only largely for redistributive reasons. Public illustrates an approximate order of magnitude services are delivered to household on an of central and local expenditures shares. individual basis. The case for decentralization rest on the argument that this delivery is Several important points emerge. First, the more efficiently accomplished if it is the weight of local government’s total spending responsibility of a lower level of governments. exceed that of central government since However, there is tention between the desire FY1953. Second, local governments play a to decentralize fiscal responsibility and the big role in infrastructure (roads, parks, bridge, desire to maintain central control. port and harbours etc.), compared with other industrial coutries. Local governments 5
  • 13. FISCAL DECENTRALIZATION IN JAPAN Table 2 Expenditure by function and level of government, FY2009 (JPY billions) gross expenditure transfers net expenditure total expenditure Central3 Local (B) from from Central Local Central Local (A) Central Local (A) - (C) (B) - (D) % % (C) (D) General public sevice, 5,074 16,516 1,769 0 3,305 16,516 17% 83% Public order, and Safety Defence 4,831 0 32 0 4,799 0 100% 0% Education 5,869 16,418 2,877 0 2,992 16,418 15% 85% Health, welfare1 30,424 27,835 8,791 0 21,633 27,835 44% 56% Industry 9,100 7,735 441 0 8,659 7,735 53% 47% Infrastructure 9,433 14,642 2,914 1,283 6,519 13,359 33% 67% Debt service 18,444 12,884 11 0 18,433 12,884 59% 41% Local finance 2 17,766 0 17,578 0 188 0 100% 0% Other 4,757 76 4 0 4,752 75 98% 2% Total 105,698 96,106 34,417 1,283 71,280 94,822 43% 57% Notes: 1. excluding pension, health insurance, 2. Local Allocation Tax, 3. general account plus special accounts other than social security Source: Ministry of Home Affairs and Communication(2011), White paper on Local Public Finance, table32. EXPENDITURE RESPONSIBILITY POLICE AND FIRE SERVICE In most nations with multiple levels of Prefectures are responsible for setting up government, some mechanisms are in place police organization (Police Act 36). It is not by which national governments can influence delegated from the central government. It how lower-level gevernments design their could be seen as ‘local police’ on the surface. programme. In Japan, the law allows the However, at the center of Japan’s police system central government to influence lower-level is the National Police Agency, which is under government spending decisions through the National Public Safety Commission, conditions imposed on transfer from central an extra-ministerial bureau of the Cabinet governments. The 1949 Shoup Mission’s Office. The prefectural police headquarters proposed “layer cake” model, in which the are directed and supervised by the National functions of the central government and Police Agency. Prefectural top official being local governments are clearly demarcated, ranking higher than Chief Superintendent was not to be realized as is. It is difficult to is national government employee. In realty, identify a policy area in which only one level the prefectural police is mixture of national of government is involved. The activities and police and local police. Municipalities are finances of the central and local government responsible for fire fighting (Fire Service Act have gradually become intertwined. The most 6). National government and prefectures do important step away from layer cake model not assume responsibility for it, then have no was the amendment of Local Finance Law regular authority over municipalities. in 1952, which established so-called “cost- sharing grants.” 6
  • 14. CHAPTER 2 LOCAL GOVERNMENT FUNCTIONS EDUCATION higher rate of return in the latter (OECD 2005:113-114). All three levels of governments are very much involved in education. The There are three sources of financing for basic division of labor is that municipal public investment: budget income; the FILP governments are responsible for developing programmes; and earmarked taxes. Fiscal and maintaining the physical stock of capital equalization grants and specific purpose (namely, the school buildings), prefectural grants constitute budget income. The specific governments are responsible for labor (namely, purpose grants are not only earmarked to for recruiting, monitoring, promoting, and specific areas (e.g. public works) but they paying for teacher’s salary), whereas the central are made conditional on local governments government is responsible for setting service complying with strict and detailed operational standard and curriculum. standards. Mihaljek (1997) noted that in the case of public construction work in general, Specific grants are made conditional on even the brands of construction material and local governments complying with strict parts were sometimes specified by the central and detailed operational standards. For one government. thing, salaries of teachers in Japan are born by the central government and prefectural In addition, some programme, especially governments with 50: 50 sharing ratio. roads, has been financed directly by earmarked Since allocation of teachers and the number taxes since 1954. Taking road construction of students per class are clearly spelled out as an example, earmarked taxes such as the in the national law, local governments face motor vehicle tonnage tax, local road transfer difficulties in hiring teachers of English. For tax, light-oil delivery tax, and automobile another, under the law on State Subsidies on acquisition tax are the main local revenue Expenditure on Facilities for Compulsory sources. Earmarked taxes could enhance Education, half of the construction costs efficiency if properly designed by making of school building are paid by the central beneficiaries pay part of the cost, but is would government if the recipients comply with result in resource misallocation if the level of rather strict conditions, such as floor size, investment is determined by such tax revenues. availability of various rooms, equipment and Actually, these earmarked taxes were abolished distance from the students’ home. in FY2009 in view of resource misallocation problems. INFRASTRUCTURE Public investment in terms of GDP ratio HEALTH INSURANCE is about twice as much as OECD average. Local governments manage the two type Local governments have played major role in of social insurance: public health insurance infrastructure investments, accounting for 73 and long-term care insurance. The National per cent of general government’s investment. Health Insurance (Kokumin kenkohoken) is Public investments at lower-level governments a system of regional based health insurance includes infrastructure, such as road, river managed by municipalities. It was established management and sewers. But it is heavily in 1939 to cover the self-employed, farmers, used as a policy instrument for economic workers of smaller firms and their families as stabilization and redistribution of income the insured, accounting for about one-third of among regions in Japan. Per-capita public the total population. After being restructured investment in low-income prefectures is twice in 1958, the NHI has played a fundamental that of high-income prefectures, despite much role in providing universal medical insurance 7
  • 15. FISCAL DECENTRALIZATION IN JAPAN in Japan. Since the NHI covers relatively WELFARE ASSISTANCE low-income earners and has no employer Public Assistance for the Poor (Seikatsu- fund, one-half of its insurance benefits must Hogo) is major means-tested in-cash benefit be subsidized by the national government. available to households, whose income falls Since municipalities have discretions over the below the minimum standard of living. The premium schedule, the premiums for the NHI minimum cost of living set by the central differs across municipalities, even though government is compared with applicant’s patients of comparable characteristics receive income, and if income does not meet this comparable medical services at identical out- standard, the difference is compensated by of-pocket expenses. in-cash benefits. Minimum standard of living depends on a number of factors including LONG-TERM CARE INSURANCE household size, ages of household members, and location of residence. Caseworkers As Japan is rapidly aging, the number of are responsible for conducting surveys of elders who need care is expected to grow. applicants’ income and assets (means-test) and The long-term care insurance system (Kaigo- certifying them as being eligible for benefits. hoken), which was introduced in 2000, is The applicants are required to full utilize or intended to insure against expenditures for the exhaust their resources available. Because of long-term care. Today, the number of persons the recession after Lehman’s fall, the number insured and beneficiaries of the programme of recipients hits a post war record: 2 million. reaches 69 million and 3.9 million respectively. The central government takes on three-fourths Insurers are municipalities. The LTCI covers of the total cost through grants, whereas those who are aged 65 or older (Type 1) and local governments born remaining one- those who are aged 40 to 64 (Type 2). Insured fourth by general revenue sources. Regional persons belonging to Type 1 are qualified as differences in take-up rate are large; however, beneficiaries. The municipalities determine the it reflects economic and social factors such as appropriate category based on the applicant’s unemployment rate, number of elderly, and need and then notify the applicant of its divorce rate which are beyond the control of decision. There are three source of financing local governments themselves. for long-term care insurance: out-of-pocket expense, premium and budget income. Users are responsible for paying 10 per cent of cost. Half of the rest resources is financed by premiums paid by insured persons. Remaining 50 per cent of cost is funded by transfer from the central government (25 per cent), prefectural governments (12.5 per cent), and municipalities (12.5 per cent). 8
  • 16. CHAPTER 3 LOCAL OWN REVENUES CHAPTER 3 LOCAL OWN REVENUES GENERAL MATTERS the distribution of personal income and consumption tax is relatively even across Japan’s local governments collect about 8.1 localities. Second, it can also make cyclical per cent of GDP in taxes( see, table 1). There fluctuation more smooth. Corporate income are about a dozen local taxes. Before discussing tax varies greatly in response to business in turn the most important of these local taxes, cycles, however revenues from consumption we must consider a few general issues. and property tax are more stable (OECD, 2005; Mochida, 2001). SHARED TAX BASES Third, the system of tax base being dispersed Different level of governments have access can make tax burden proportional to residents’ to same tax bases. There are few ‘shared taxes’ income. Taxes on consumption tax and in the sense of taxes shared between the central property for residences is relatively regressive governments and sub-national governments. to income, but it is mitigated by income tax What are ‘shared’ here are not tax proceeds with progressive rate structure. Boadway, but tax bases. Both central government and Hobson and Mochida( 2001) verified that local governments tax on personal income, residence-based local taxes are in proportional corporate income and consumption. Consider, to income. However, dispersed tax bases is far for instance, value added tax (shohi-zei). Let us from simple. The number of different taxes is assume that tax base, here final consumption, too large, and the taxes levied is not a kind is 100 of JPY. The central government will that can be readily understood by tax payers. tax on a rate of 4 per cent, prefectures on a The link between tax paid and public services rate of 1 per cent. Then, consumer will pay received is less visible for the local residents in 4 JPY to the central government and 1JPY to Japan (Mochida and Lotz, 1999). the prefecture at the cash register. In practice, however, there are probably few taxpayers who know which governments are receiving TAXING POWER OF LOCAL the local component of VAT they pay. This GOVERNMENTS approach does not induce accountability. Broadly speaking, local government can As a result of shared tax bases, local taxes enjoy freedom in tax matters. The lower disperse its bases widely across income, jurisdictions set their own tax rate either as consumption and property. This is apparent surtax on national tax revenues or to apply from table3.2. It contrasts sharply with single to the national base, and a higher level of local tax system established in UK and Nordic government does sets upper and lower lmits countries etc. This system of tax base being on the rate chosen. In fact, tax revenue share dispersed has some advantages. First, to some with full or partial discretion on tax rate extent it can alleviate regional disparity (Policy setting amounts to more than 80 per cent Research Institute, Ministry of Finance, (Blochlinger, Rabesona 2009; OECD 1999) 2002). Distribution of corporate income . The share of piggy-backing taxes in terms taxes is skewed toward urban areas,while of revenues is higher than OECD average. 9
  • 17. FISCAL DECENTRALIZATION IN JAPAN However, local governments do not make good with capital of more than JPY 100 million use of these flexibility. The rate of some local will be altered to include both a value added taxes are neary uniform across the countries. component and a capital component. The Personal inhabitant tax, local consumption tax value added tax bases is the sum of wages, and property taxes are in fact tax sharing. net interest paid, net rents paid, and taxable income (profit) and the capital base consists of There are a few progress in enhancement paid in capital plus capital surplus. The larger of taxing power of subnational governments. corporations subject to this new tax continue First, flexibility of tax rate has been enhanced to be subject to local business tax based on by the removal of the ceiling (upper limit) on their taxable income (profit), but at a reduced the municipal inhabitant taxes on individuals rate (maximum of 7.2 per cent, compared in 1998 and of the maximum property tax rate with the normal maximum of 9.6 per cent for in April 2004. Generally speaking, Japanese the local enterprise tax). In addition, however, local governments’ discretionary taxing power these larger corporations will now be taxed are higer than in Austratia, Germany, Italy and, at rate of 0.48 per cent on value added and until recently, Belgium and Spain. Second, an additional 0.2 per cent on capital. The tax autonomy of local governments has been purpose of this new system was essentially to further enhanced by the 2000 Amended reduce the sensibility of local tax revenues to Local Taxation Act which enable them to economic fluctuations, thereby insulating local invent and create ‘supra-legal taxes’ (i.e. taxes finace from the effects of Japan’s continuing not stipulated by national laws, but local reccesions. ordinance) after consultation with Ministry of Internal Affairs and Communications. Many subnational governments introduce new taxes, Figure 2 Local taxes in Prefectures, FY2009 including some on nuclear and industrial waste, hotel stays, fishing, holiday house etc. However, several tax experts point problem inhabitant property light oil tax 2% acquisition of ‘supra-legal taxes’. These taxes often fall on delivery tax 3% non-residents or can be shifted on non-voting tax 6% company and revenues are in many cases low, automobile others 3% while obtaining the consent of local residents tax 11% is time-consuming task. INDIVIDUAL LOCAL TAXES local VAT Prefecture tax 17% 14.6 trillion yen LOCAL BUSINESS TAX Local business tax (Jigyo zei) has been the most important prefecture tax in Japan, and it still is, despite recent reform in its tax bases. Figure 2 shows that they constitute 30 per inhabitant enterprise tax 38% cent of prefectural tax revenues. Until 2004, tax 20% local business tax has been imposed on income (profit) of firms and deducted from national Source: Ministry of Home Affairs and Communica- corporate income taxes. Beginning in April tions (2011) White paper on local public finance, 2004, the local tax imposed on corporations figure29. 10
  • 18. CHAPTER 3 LOCAL OWN REVENUES Advocates of this new tax support the idea Because local comsumption tax relys collection of the ‘benefit principle’. To the extent that on national tax administration and has no particular local public service directly benefits flexibility on tax rate setting, it looks like tax business, those firms should pay tax on its value sharing. Local Tax Raw stipulates that tax rate added which reflects business activities. This of local comsumption tax is automatically peg idea goes back to Shoup Recommendation in to 25 per cent of national VAT rate. Prefectures 1949. In the case of Japan, Hayashim (2008) are discouraged to from increasing tax rate, estimates that on average close to 16 per cent hoping that the central government will pay a of prefecture expenditures benefits commercial high political price for implementing tax hike. and industrial activities. This study concludes In contrast, local consumption tax has several that the taxes imposed business constitute advantage. It has essentially low sensibility a higher share than benefits received by to economic fluctuations, thereby insulating business. However, the original proposal was local finace to some extent from the effects faced strong opposition from business to of Japan’s continuing reccesions. In addition, paying taxes when firms had no profit. Official distribution of tax revenue across the country tax statistics reveal that 1.7 million out of 2.5 is more even, compared with other taxes such million corporations report no profits. As a as local business tax, inhabitant tax (Mochida, result of political backlash agaist pro-forma Horiba and Mochizuki 2010). based local business tax, the scope of tax base on value added has been substantially eroded. Mochida (2008) estimates that only 1.1 per INHABITANT TAX cent of total corporations (i.e. 29,000 out of Inhabitant tax is a basic local tax on 2.5million corporations) actually pay taxes on personal income for both municipalities and value added. prefectures as figure 3 indicates. In 2009, tax revenue from individual prefectural inhabitant tax was 2,378 trillion yen, and tax revenue LOCAL CONSUMPITION TAX from personal municipal inhabitant tax was Local comsumption tax is relatively new 5,583 trillion yen. Taken together, inhabitant prefectural tax. But it has been third largest taxes make up approximately 36 per cent of tax in prefectural budgets since 1997 as figure municipal tax and 38 per cent of prefecture 2 demonstrates. Local comsumption tax tax respectively. is essentially local surtax on national VAT. Central government imposes VAT at rate of The inhabitant tax comprises three elements: 4 per cent and local government at uniform an income base (tax rates of 10 per cent) rate of 1 per cent. Local component of VAT levied on the previous fiscal year’s income, a is collected by prefectures on origin basis. lump-sum base, and tax on interest, dividends, After collecting taxes, each prefecture transfers capital gains. The minimum amount of it among them in proportion to the amount taxable income is set lower than that of the of final consumption, thereby attributing the national income tax. Each month, a taxpayer local VAT to prefectures on destination basis. pays income tax and personal inhabitant tax Each prefecture, however, allocates half of tax to their employer through tax withholding received to its municipalities in proportion to at the source. The employer then delivers the the number of population and employees. personal inhabitant tax to the municipality in which the employee resides. Opponents saw main problems of local comsumption tax to be lack of accountability. 11
  • 19. FISCAL DECENTRALIZATION IN JAPAN The tax is imposed on capital value instead Figure 3 Local taxes in Municipalities, of on annual rental value at present. One FY2009 advantage is that the tax be extended to include all depreciable assets of business enterprises, others 3% that is, machinery, vats, ovens, and so on, city planning tax 6% instead of being restricted to land buildings. Such assets cannot well be included in the tax personal rolls on an annual rental basis. If they were inhabitant valued on a capital basis and the land and tax 36% buildings were continued on a rental basis, it would be necessary to distinguish between structures that are buildings (real estate) and Municipality tax those that are not between ‘immovables’ and 20.5 trillion yen ‘movables’. This is often a difficult distinction to draw, and the difficulty is indeed one reason why property tax includes all depreciable assets in the tax base. property tax 42% The other advantage is linked with the business consideration for revaluation of business cigarette tax 4% inhabitant assets. To avoid gross overvaluation by tax taxpayers seeking to increase depreciation and decrease capital gains under the income taxes, it is desirable that the tax system contain automatic checks. One of these checks is source: Ministry of Home Affairs and Communica- obtained by requiring that the value set for tion(2011) White paper on local public finance, purposes of the land and house tax shall not be figure30. less than the value recognized for revaluation under the income tax, minus subsequent depreciation. To obtain this check, the land and house tax must be imposed on capital value, not on real value. PROPERTY TAX Although the assessment of this tax is local, Entire responsibility for the property tax rest a uniform system of assessment is applied in the cities, towns, and villages, and all the throughout the country. Almost 178 million revenue should go to them. The tax is given to lots of land and 61 millions of buildings the municipalities rather than the prefectures, are regularly reassessed every three years. because the municipalities are more in need Municipalities must impose at least a standard of revenue, and because this is one of the few rate of 1.4 per cent of capital value, but if they taxes that even the smaller municipalities can wish can increase the rate up to 2.1 per cent. administer with a reasonable degree of success. About 10 per cent of municipalities impose As figure 3 shows, property tax is largest one in higher rates. The tax is imposed on the owner own tax revenue of municipalities. of the real estate, not the occupier. 12
  • 20. CHAPTER 4 INTERGOVERNMENTAL TRANSFERS CHAPTER 4 INTERGOVERNMENTAL TRANSFERS TRANSFER TYPES with a deficit and the central government with a surplus. Although the ratio of central to Japan’s local governments receive from the local government expenditure in Japan is 40 central government about 5.7 per cent of to 60, on a final disbursement basis, the ratio GDP in transfers. There are about a dozen of central to local tax collections is the reverse: transfers. Table presents composition of 60 to 40 for the central government. Table 3 transfers by type. Before discussing in turn the presents a comparison of the intergovernmental most important of these transfers, we must transfers in different countries. It confirms consider a few general issues. that grants play a relatively minor role in the US, Germany, Canada, and Sweden, while its relative magnitude in UK, France, and Japan is VERTICAL FISCAL GAP high. In spite of access to an uncommonly wide Given the differentials between expenditure range of revenue instruments, the Japanese responsibilities and revenue raising capacities, system is characterized by a significant vertical the lower level of governments would end up fiscal gap. Table 3 Revenue received by state and local government, FY2010 as % of total revenue texes user fees grants others United kingdom 12 13 73 2 France 35 27 41 7 Japan1 45 6 36 13 United states1 49 21 24 6 Germany 2 68 4 18 10 Canada 53 10 21 16 Sweden 62 10 25 3 Note: For federal countries, state governments only, excluding local governments. 1. data for Japan, United states correspons to 200 ; 2. including tax sharing. Source: OECD and Korea Institute for Public Finance (2011) Institutional and Financial Relations across Levels of Government. CONDITIONAL OR UNCODITIONAL national VAT and, to all intents and purposes, on the national income tax. As a result of A large scale of transfers serves to close this centralized collection but also, de facto, in the ‘fiscal gap’. This occurs explicitly through the presence of decentralized collection, there is a Local Allocation Tax as well as Specific Purpose significant degree of harmonization in both Grants. It also occurs indirectly as a result bases and rate structures. of local government’s piggy-backing on the 13
  • 21. FISCAL DECENTRALIZATION IN JAPAN Figure 4 Contribution of the LAT to reducing regional disparities (per capita, FY2003) ¥ 400,000 350,000 local tax revenue per capita the LAT per capita 300,000 250,000 200,000 150,000 100,000 50,000 0 tokyo saitama osaka aichi sizuoka hirosima gunnma nara tochigi mie okinawa ehime fukusima hokkaido niigata isikawa oita akagosima miyazaki saga iwate tokusima kochi simane Source: Ministry of Internal Affairs and Communications (2005a) Annual Report on Local Public Finance Statistics The Local Allocation Tax plays a key fiscal functions performed by local governments equalization role in the Japanese transfer on behalf of the national government. system in Japan. The name of this transfer is Some involve substantial subsidies to local somewhat misleading. LAT is not local tax, but governments in recognition of large spillover essentially a kind of lump-sum unconditional effects. Some involve incentives for local grants. The name comes from common desire governments to undertake specific projects. of local governments to view it to be ‘shared In total, central-local grants comprise almost resources’. It is funded out of a revenue pool one-third of local government revenues. based on fixed portions of five national taxes, and allocated according to formula based on differences in basic needs and fiscal capacities. LOCAL ALLOCATION TAX The total size of equalization is a fixed portion of national taxes from individual, corporate CASE FOR EQUALIZATION income, alcoholic, tobacco taxes. The LAT is paid annually to local governments whose The necessity for fiscal equalization arises basic financial needs exceed basic financial from the fact that the financial resources, the revenues. Those rich localities whose revenue need for services, and the cost of particular exceeds need are neither eligible for the grants local activities vary widely among different nor liable to contribute money for fiscal local areas. For example, the per capita taxable adjustment. It is worth noting the extent capacity of some prefectures was 3 times in which the Japanese equalization system that of others, and same holds true for the reduces territorial fiscal inequalities is very difference between the richest and poorest strong (see, figure 4). municipalities. Unfortunately, the areas requiring the most local service, namely, those Specific purpose grants are funded out of in which there were more needs for education, general revenues. It is essentially a kind of health services, roads, welfare activities, were conditional matching grants. Some involve likely to be the precise areas having the least full payment by the national government for taxable capacity. These differences were not 14
  • 22. CHAPTER 4 INTERGOVERNMENTAL TRANSFERS only unjust but undesirable in their effects on Where Iik is a measurement unit for service K individual and national welfare. of ith region, Uik unit cost for service K of ith region, and Mik a modification coefficient for service K of ith region. A measurement unit or FORMULA “workloads” reflects the number or size of the The Local Allocation Tax plays a key fiscal beneficiaries of a particular expenditure. Unit equalization role in the Japanese transfer cost is a kind of financial cost of providing a set system in Japan. Let us in turn discuss the of services. The unit cost, however, is uniform computation formula of LAT. throughout the country, and no consideration is given to either the unique services or the First, it is funded out of a revenue pool special circumstances of localities. So an based on fixed portions of five national taxes. exceedingly complex adjustment is made of the unit cost applicable to such services. TT = 0.32 × (NTy + NTa) + 0.358 × NTc + 0.295×NTv + 0.25 × NTt Forth, fiscal capacity of Ci is the sum of 75 Where TT denotes total financial pool of per cent of local tax revenue and tax sharing. transfer, NTy the personal income tax, NTc the Let us assume that local tax revenue is JPY 5 corporate income tax, NTa the alcoholic tax, million. The locality will deceide to hike taxes NTv 80 per cent of value added tax revenue, by JPY 1 million. Hold basic needs constant. and NTt the tobacco tax. LAT will decrease by JPY 0.75 automatically, while additional JPY 0.25 million is retained Second, the revenue pool are allocated in the pocket of localities, thereby giving according to formula based on differences in incentive for local governments to collect basic needs and fiscal capacities, rather than their own taxes. In addition, national standard being determined at the discretion of higher tax rate and bases are used to equalized tax level governments. The LAT is paid annually capacities. Let us assume that tax base is to local governments whose basic financial JPY 100 million. The locality will decide to needs exceed basic financial revenues. lift up the rate from standard of 5 per cent to 7 per cent. Tax revenue will increase by LATi = Ni - Ci JPY 2 million, but ‘fiscal capacity’ remains unchanged, thereby insulating local autorities Where LATi denotes local allocation from loss of LAT. Local governments with tax to ith region, Ni basic need of ith high tax efforts will not be penalized, while region, and Ci fiscal capacity of ith local governments with low tax effort not region. Rich localities with revenue that encouraged. exceeds need are neither eligible for the Finally, the funding pools do not necessarily grants nor required to contribute money match formula-driven entitlements for for fiscal adjustment, as is the case in transfers. A way of resolving these conflicting some countries. demands is to fix the funding pool to a certain percentage of national revenue and to review Third, national average costs and standards this rate through regular negotiations. The of services are used to equalize for needs. Basic Local Allocation Tax Law (Article 6, paragraph need of Ni are calculated as the number of 3-2) indentifies a critical situation in which measurement units by multiplying the unit the gap comes to roughly 10 per cent or more cost, adjusted by modification coefficients of the LAT transfers, and this condition has expressed as follows: continued for two years and is predicted to Ni = ∑k (Iik × Uik × Mik) continue for another year or longer. The law 15
  • 23. FISCAL DECENTRALIZATION IN JAPAN stipulates that, in such critical situations, the a remote rural prefecture, collects only JPY tax-sharing ratio will be raised. Such critical 87,000. Looking at total resource from situation has continued since 1996, however, the LAT transfer and local tax, the latter’s the tax-sharing ratio has not been raised. figure increases to JPY 341,000 compared to the former’s JPY 158,000. Overall, some poor or remote jurisdictions end up DISPARITY REDUCING EFFECTS having more financial resources than those As for how Local Allocation Tax is being available in the richest ones. Figure 5 gives an achieved, and how the impact of Equalization overview of fiscal capacity indicators of local can or should be measured: The Local governments before and after equalization. Allocation Tax Law identifies main purposes Regional disparity shown by Gini coefficient of it: ensuring to perform national standard are virtually eliminated. In conclusion, the service on a reasonable but minimal basis; and actual degree of equalization was perhaps compensating for disparities in fiscal resources more important before the 1970s, when the and needs. transfer system contributed significantly to equality (Mochida 2001:101-104). Since On the second objective, disparity reducing then regional fiscal disparities have been effect of LAT is extremely high. For example, reduced, there has so to speak been less Aichi prefecture of industrial complex of big ‘inequality’ to fix through local allocation company like Toyota Motor collects local tax tax, and subsequently the intensity of the of JPY 143,000 per capita, while Shimane, equalization effect has fallen. Figure 5 Degree of equalization (1950-2002) Gini coefficient 0.35 Regional disparity 0.3 0.25 0.2 0.15 0.1 Post-Equalization regional disparity 0.05 0 1950 1953 1956 1959 1962 1965 1968 1971 1974 1977 1980 1983 1986 1989 1992 1995 1998 2001 Note: Regional disparity is defined by Gini Coefficient of per capita local tax in each prefecture and post equalization disparity is defined as Gini Coefficient of per capita LAT plus local tax in each prefecture. Source: Mochida, N (2004) Fiscal Decentralization and State-Local Finance , table 1-6. 16
  • 24. CHAPTER 4 INTERGOVERNMENTAL TRANSFERS Another objective of LAT is guaranteeing for the future. The following provides adequate revenue to allow local governments highlights of the key themes and issues to provide national standard level of public identified (Mochida ed. 2006). services( The Local Allocation Tax Act, article3). Taking primary education and First, the coverage and costs of fiscal long term care for the aged as a example, equalization scheme have increased over the the central government requires/mandates past decades. Several factors have contributed local governments by law to provide these to the upward pressures on the equalization public services. Furthermore, the central system. The local allocation tax becomes government imposes strict and detailed asymmetric in adjusting for the business cycle operational standard of these responsibilities (Mochida 2004; OECD 2005). The funding (students-teacher ratio, pay standard of pool—namely, a set percentage of the national teacher, benefit level of long term care etc.). tax—expands when the economy is growing. Because of this, the central government has Cyclical windfall tax revenue made it possible obligations to guarantee adequate revenues for to upgrade national standard for local public local governments, thereby allowing them to services. However during downturns, it has fulfill these responsibilities. The upper level been difficult to cut back these transfers. of government, however, does not pay full Second, with respect to adverse incentive cost of providing the services. Instead, it gives effects, Japan’s equalization system has both conditional grants covering about one-half strength and weakness. The formula contains in general. Local governments having less tax some strong points that are intended to capacity are eventually forced into using up contain inefficient behavior. For one thing, it is own tax plus LAT revenues to cover remaing calculated based on standardized tax revenue, cost. Actually, the Local Finance Law requires the entitlements are not affected, even if the that basic needs of LAT must include local actual tax rate changes. Furthermore, 25 cost associated with mandate responsibilities per cent of the estimated tax revenue is not (article 11-2). included into fiscal capacity, thereby giving Overall, LAT focus is not on making sure local governments the incentive to expand all local governments have the fiscal capacity their tax base to some extent. to deliver reasonably comparable service to However, LAT transfer hinders local their resident at reasonably comparable levels governments’ incentive to provide efficient of taxation. Instead, it is designed to ensure services in a number of areas. The main that common standards in outcomes of public problematic points are as follows: services are achieved. LAT is not textbook-like unconditional grants. Put it differently, the • The local debt service are often included Local Allocation Tax is uniquely designed to in the basic need of the LAT. It is done reflect the Japanese reality where the central through the modification coefficient government has strong influence over local for debt services. For example, in some decision making, thorough detailed conditions regional development projects, 75 per attached specific purpose grants. cent of financial resources were procured by isuing local bonds, but 55 per cent of the debt service was by law added ISSUES to the LAT entitlement in the future. For the past decade, we listened to a wide Mochida(2004) estimate that 36 per range of opinions and ideas about the Local cent of total local debt outstanding will Allocation Tax and how it should be changed be redeemed by the central government 17
  • 25. FISCAL DECENTRALIZATION IN JAPAN (Mochida (2004)). To do so provided an clear separation of central and local function. adverse incentive for local governments to Major programmes (education, health, public incur higher levels of debts. works) are formulated by central ministries • Local allocation tax gives premiums and financed by many specific grants. to small local governments (called Therefore, the issue for Japan is not so much modification coefficients for local to change/enlarge the expenditure assignments government size). Originally, this themselves, but to redefine responsibilities for adjustment is intended to take into designing, implementing, and financing these account diseconomies of scale where assignments. fixed cost must be spread among a With this respect, central control through smaller population. However, these specific purpose grants over local choice is of generous premiums are criticized by a critical importance. Specific purpose grants, The Council of Economic and Fiscal called ‘central government disbursement’ Policy for obstructing efforts to merge. (kokko-sisyutukin), accounts for 14.8 per cent Consequently, the modification of total local revenues. It seem to be given to coefficients for local government size were local authorities for purpose relating to public scaled back in fiscal year 2002. works such as road and urban planning, for • As discussed before, quarter tax revenue compulsory education, for social services such is not included into fiscal capacity. This as welfare benefit to low income family. Several reserve gives local governments incentive central government disbursements for specific to expand their tax base. However, facing purpose, in legal terms, can be grouped into with incredible debt accumulations, three broad categories depending on the degree The Council of Economic and Fiscal of central government’ obligation; “payment Policy (CEFP) severely criticized it for for agency tasks”, “obligatory share”, “grant- creating ‘poverty trap.’ Consequently, in-aid”. central government had reluctantly The desirability to use specific purpose grants lifted up the reservation rate for the of first two seems to be almost self-evident. prefectures from 20 per cent to 25 per For instance, where local authorities act in cent in 2002. However, other observers reality as mere agents of central government, argue that this criticism does not have the latter should normally reimburse the sufficient empirical evidence (Horiba, full costs. “Payment for agency task” such as Mochida, and Fukae 2003). They argue compiling national census, registration of that it is systematically impossible for foreigner, quarantine activities can be thought local governments to get more LAT of in this way. For another, with regards to transfer by lowering the effective tax rate functions which have a large spill-over effect or by making less effort to expand local or in which central government seeks to economy, because they are not allowed standardize the level of activities, the cost wide range of discretion over setting rate should be borne or shared by higher level of or changing tax base. government. “Obligatory shares” such as grant for expenditure on public works, education, SPECIFIC PURPOSE GRANTS health, welfare, narcotic controls can be justified by such reasons. The central government remains heavily involved in almost every aspect of local public In contrast, the desirability to use “grant- spending. This is so because, unlike the in-aid” is now under critical review. This is American or Canadian systems, there is no so because, grant-in-aids are, by their very 18
  • 26. CHAPTER 4 INTERGOVERNMENTAL TRANSFERS nature, privileged instruments for the central During this selection process, the central government to influence the expenditure government often requires modifications patterns of local authorities and, therefore, to to projects so that it will conform to central induce them to act in a manner which accords governments standards. Needless to say, almost with its own priorities. The way in which all local governments accept the conditions this aim can be achieved as follows; first, a required. Conditions accompanying the local government submits an application for allocation of grant-in-aid provide the central a disbursement to central government. The government with powerful method of control application describes the project and explains over the activities of the local governments. In the reasons for its importance. The central general, in order not to undermine the local government then assesses all of the applications democratic process, government grants should submitted by local governments and selects be used as little as possible to restrict local those projects to which payment will be given. discretion in providing services. 19
  • 28. CHAPTER 5 LOCAL BORROWING AND BUDGET CONSTRAINTS CHAPTER 5 LOCAL BORROWING AND BUDGET CONSTRAINTS Japan plunged into a long-term recession The law stipulates that gap between subsequent to the collapse of the bubble entitlments and funding pool should be economy. Japan’s fiscal arrangements have been addressed by increase in tax-sharing ratio strained since then. The fiscal arrangements (The Local Allocation Tax Law 6-3-2). It is, rely heavily on explicit revenue sharing however, difficult to raise tax sharing ratio arrangements between the national and local of five national taxes during severe recession. governments. As a result of the downturn, Actually, LAT revenue shortage has been revenues to be shared have been significantly covered by: 1) ‘ad hoc’ transfer from general reduced. The growing gap between revenues account of central governments, 2) financing and expenditures at the local level has led to by LAT special account borrowing, 3) ‘extra’ an increase in equalization entitlements under local bonds issuance. Let us turn our attention the existing formula, while the revenue pool to local bonds and debts. available for equalization purposes has been in decline. table 4 Local debt outstandings, trillion Yen local borrowing from local enterprise total local as percentage government special account bonds borrowing of GDP bonds for LAT 1991 54 0 14 68 14.7 1996 103 14 21 138 27.0 1997 111 15 23 149 28.8 1998 120 17 24 161 31.6 1999 125 22 25 172 34 2000 128 26 27 181 35.2 2001 130 28 28 186 37.4 2002 134 30 28 192 39.4 2005 140 33 27 200 40.0 2006 139 33 27 199 39.2 2007 138 33 26 197 38.5 2008 137 33 26 196 40.0 2009 139 33 25 197 41.8 Source: Ministry of Home Affairs and Communications (2011) White paper on local public finance. 21
  • 29. FISCAL DECENTRALIZATION IN JAPAN DEBT SURGE FISCAL RULE As table 4 demonstrates, local debts has In addition, National laws dictate a number soared rapidly since the early 1990s, reaching of fiscal rules to be respected if a local to 40 per cent of GDP in FY2000, from 15 government intends issuing local bonds. In per cent in FY1990. The trend has remained order to maintain sound level fo bond issues, on a plateau in the 2000s. This is so because the effective debt service ratio is watched.The local governments were encouraged to issue ratio of local debt service (excluding those bonds by the central government to cooperate though Local Allocation Tax) to the standard with fiscal stimulus package. As a result, scale of local finance (the general purpose local debts hit a postwar record and this level resource) is calculated as follows. is rare anywhere in the world at the time. Ratio ={(A+B) - (C+D)}/(E - D) While local government borrowing has largely used to finance infrastructure projects, local A : Redemption of principal and interests of governments’ ability to repay their debts is the concerned year controversial matter. B : Provision to special account, which were used to service public enterprize bond LOCAL BONDS C : Special Revenue used for A In Japan, the Law limits subnational borrowing to investment purpose. Local D : Debt service, which were included in the Finance Law (article5) stipulates that bonds Standard Fiscal Need in the caluculation can only be used to finance: 1) expenditure of the LAT for public enterprises (e.g.trasportation, E : Standard scale of local finance (the gas, and water service, 2) investment in and general revenue estimated necessary lending to organizations involved in areas to maintain ordinary administration of publis interest(e.g.roads, airport, sports), standards) 3) loan refinancing, 4) disaster restoration works ; and 5) expenditure on construction When ratio reaches18 per cent, local of public facilities and purchase of land for governments are required to receive approval building public facilities. These bonds are from the centralgovernment to issue bonds. called ‘Construction Local Bond’(kensetsu When ratio reaches 25 per cent, most bond chihosai). issues will not be approved. However, the Diet can enact special law to allow the issuance of ‘Special Local Bond’ INCENTIVE TO EXCESSIVE (tokurei chihosai) in a number of specific BORROWING situations. These special local bonds are essentially deficit-covering bonds, intending Why do local debts hit a postwar record make up for revenue shortfall of the LAT. and is the level rare anywhere in the world These include; tax cut supplymentary at the time ? There are several reasons. bonds(6.1 trillion yen), temporary fiscal First, local governments have played big measure bonds(21.5 trillion yen), revenue role in public investment projects in decrease supplementary bonds(5.1 trillion 1990s. They were expected to cooperate yen) and retirement benefit bonds(1.4 trillion with stimulas package launched by the yen). central governments since economic bubble popped. However, the central government 22
  • 30. CHAPTER 5 LOCAL BORROWING AND BUDGET CONSTRAINTS could not afford to give conditional grants Tax, which could not sufficiently fill the for infrastructure projects(city hall, parks, revenue shortfall in Local Finance Plan. In gymnasiums,sanatoriums etc), because of its addition, local debts induced by the central financial distress. Instead, local governments government’s policy goal, is estimated to were encouraged to issue bonds by the central reach about 54 trillion yen (i.e. 39 per cent government to cooperate with fiscal stimulus of outstanding local bonds).On the contrary, package. local debts issued according to local own initiatives, is estimated to reach no more In return, the central government gave a than 18 trillion yen (i.e. only 13 per cent of commitment to service local bond through outstanding local bonds). future Local Allocation Tax. Dispite a rapid increase in local debt, fiscal rules on debt servicing costs has not yet become biding, PRIVATE SECTOR CREDITORS since it deducts bond payment costs, which are financed through the LAT, from the In Japan, the central government has total amount of local governments servicing implicitly guaranteed creditworthiness of local costs. As a result, most local governments government bonds through 1) dominant role were almost under the illusion that their of public institution in underwriting, 2) bond debts would be redeemed by the upper-level approval system, and 3) fiscal reconstruction of government. Mochida (2004) estimates system. Under these administrative controls, that local governmets could recognize only both lenders and creditors have believed local 47 per cent of debt outstanding as their own governments would not fall into bankruptcy. liabilities. However, recent reform initiatives could enhance greater self-responsibility of local Second, the growing gap between revenues governments. and expenditures at the local level has led to an increase in equalization entitlements under the existing LAT formula, while the revenue pool available for equalization purposes has been in decline. Since FY2001, the central government has gone halves the cost (gap between entitlments and funding pool) with the local governments, the latter covers its cost by issuing temporary bonds for fiscal gap (rinzi zaisei taisakusai). Cap on the issuance of this bond is allocated to each local government on the basis objective criteria. It is essentially deficit covering bonds. While temporary bond for fiscal gap has been introduced as a temporary legislation with 3 year term limit, it has carried through to the present. These debts are estimated to reach 25 trillion yen in FY2008 (i.e. about 18 per cent of outstanding of local bonds). They have not be issued according to local own initiative. Rather, they should be considered as complementary to the Local Allocation 23
  • 31. FISCAL DECENTRALIZATION IN JAPAN Figure 6 Main creditors of Local Bonds, in percent 100% 90% 80% 70% 60% 50% 40% 40% 20% 10% 0% 1973 1978 1982 1988 1993 1998 2003 2004 2005 2006 2007 2008 2009 2010 other private publicly advertised public cooperation central government sector fund private fund fund fund (FILP) Source: Ministry of Home Affairs and Communication(2011) White paper on local public finance. Who lends to local governments? The FY2007. Dominant role of public institution answer to this question is given in Figure 7. in underwriting has gone out of the window. First, it appears that fund rasing from public and quiasi-public institution has been on a Second, private sector has underwritten an declining trend, falling to 27 per cent of GDP increasing share of local government bonds. in FY2009, from 63 per cent in FY1989. Private-sector funds cover about 60 per cent The government has long history to collect of total local bond issue-private bank buys a substantial amount of public fund through 26 per cent and remaining 34 per cent are credit programmes such as postal saving and offered directly on the market. Private sector pension fund, and manage these fund to carry picture is dominated by publicly advertized out national goals. So called ‘Fiscal Investment bonds. 44 local governments issue publicly and Loan Programme’ (FILP) gave long term advertized bonds. International rating and low interest loan to local bond market. agency, Moody’s expects the rating of its 12 FILP, however, was almost dismantled in rated prefectures and designated cities will FY2001. In stead, the central government remain at Aa2 with a negative outlook, the started to issue national bond to raise fund and same rating level as Japanese government sublease it to local governments. In addition, bonds, reflecting their belief that central direct loan of postal savings and pension fund government would step in to help any local to local government sectors were terminated in government experiencing a fiscal risk. 24