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  • Fat Taxes: What Role for Fiscal Policy Interventions in Promoting Good Health in Barbados?

    Alicia Nicholls

    Public health is once again under the microscope in Barbados, with the lens being focused on the crippling burden of non-communicable diseases (NCDs) on the country’s health care system. According to data reported by Nation News, “an estimated 64 per cent of adult Barbadians are overweight and 31 per cent of children are obese or overweight”. If that is not worrying enough, NCDs account for 84 percent of total deaths in Barbados, according to World Health Organisation estimates. What is more, the rates of diabetes and diabetic-related amputations in Barbados are among the highest in the world. The net result is a reported $700 million a year health care budget, which is very unsustainable for a cash-strapped small island developing state which also has an aging population.

    Not for the first time, public health advocates in Barbados have proposed levying a tax on foods with high fat and sugar contents as one policy measure to force dietary change among Barbadians. While it would appear that this suggestion has not met with the Barbados Government’s approval at this time, it does raise the question of what role could and should fiscal policy interventions play in promoting good health in Barbados.

    The intersection of fiscal and health policy

    Fiscal policy instruments are used by Governments mainly to raise revenue. However,their use  as tools for pursuing public health objectives has been receiving increased attention by governments around the world which are faced with a high incidence of obesity and NCDs. Public health advocates have argued that in much the same way that “sin taxes” such as excise taxes on alcohol and cigarettes have reduced consumption of these products over time, taxing foods high in fat, sugar or salt could influence consumption patterns away from poor dietary habits, a major risk factor for obesity and NCDs.

    The fat tax is usually levied as an ad valorem or specific tax, increasing the price of the product with the intention of dampening consumer demand for the taxed product and forcing a switch to healthy alternatives. Effective August 2015, Barbados introduced a 10 percent excise tax on “sweetened beverages”. Given its novelty, it is unknown whether the “sweet drink tax” has led to any shift in Barbadians’ soft drink consumption patterns. It is to be reviewed in two years to determine whether it has met its objectives.

    Fat taxes, like most taxes, are highly unpopular. Opponents argue that these measures are regressive and inefficient and are an intrusion by Government on consumers’ rights to choose their own lifestyles. Opponents also argue that these taxes place a disproportionate burden on the poor, who spend a larger proportion of their income on food.

    Worldwide use of “fat taxes” 

    There is still limited empirical data on the efficacy of “fat taxes” in changing consumption patterns. Several academic studies internationally have sought to model the impact of proposed taxes on consumption behaviour with mixed results. However, as one study points out, there appears to be some consensus in the academic literature that these taxes have to be substantial (at least 20 percent) in order to shift consumer behaviour.

    In the real world, what little is known about fat taxes shows that their impacts has varied by market. Among the countries which have experimented with, or currently have fat taxes include Norway, France, French Polynesia, Samoa, Finland, Hungary, to name a few.

    Denmark is perhaps the favourite “poster child” for anti-fat tax critics. In October 2011 Denmark instituted a tax on foods with a saturated fat content of more than 2.3 percent, which was repealed only a year later after much public outcry and dissent. According to an IEP report, the tax failed for several reasons, including the lack of impact on Danes’ purchasing habits. Many Danes either switched to cheaper brands or crossed the border into neighbouring countries to purchase these items, phenomena which Danish policymakers either had not considered or had dismissed at the time of design and implementation of the tax.

    On the flipside, Mexico has been a success story. Mexico is currently battling an obesity rate which is the second highest among OECD countries. It imposed a tax of MX$1 (US$0.80) per litre on sweetened beverages and an 8 percent tax on foods containing 275 calories or more for each 100 grams in 2014. A study found that in the first year of the tax’s operation, the volume of sweetened drinks sales is said to have declined on average by 6 percent while there was a 4 percent increase in the sale of untaxed beverages like bottled water. The impact on consumption was most marked on lower income households.
    What these two case studies show is that the efficacy of a fat tax  would depend on its design and application.

    The proof is in the pudding

    While fat taxes are often regarded as a Government intrusion, lifestyle choices, though personal in nature, can create huge burdens on the public health apparatus and the public purse. In this vein, they are a legitimate Government concern. Government intervention in the market  is sometimes necessary to save people from themselves. My personal belief is that there is a role for fiscal instruments like fat taxes in public health policy.

    However, like the two cases studies of Denmark and Mexico show, the proof is in the pudding. After all, on what basis should unhealthy foods/drinks be taxed? Should it be based on their caloric content? What level of tax would be prohibitive enough to have a material impact on Barbadian consumers’ purchasing behaviour? The answers to these questions require extensive market research, including research on Barbadian consumers’ habits, the level of price elasticity of demand for these unhealthy foods, income elasticity, of unhealthy food demand, and any other unhealthy substitutes which consumers might logically shift to.

    International studies and case studies are instructive but as each market is unique, Barbadian-based studies would be more consequential. A good case study would be the “sweet drinks tax” which was introduced last year. Some economists have argued that the 10 percent levy is too small influence consumer behaviour and this may well be the case.

    While any policy no doubt should take into account the impact on the local manufacturing sector and employment levels therein, particularly at a time when the sector has not seen much growth, such a policy could induce manufacturers to reduce the sugar and fat contents in their products and to produce more health-conscious alternatives. Even without a fat tax and before the introduction of the “sweet drink tax”, we have seen some of our Barbadian manufacturers over the years introducing health-friendly alternatives to the market with success as Barbadians become more health conscious. One ice cream manufacturer has introduced diabetic ice cream, while another manufacturer has a line of low fat milks and low sugar juices.

    There is a possible role for a fat tax but other policy interventions are needed as well. One of the major reasons given by most Barbadians for the popularity of unhealthy foods over healthy foods is the lack of affordability of many healthy alternatives. This pricing discrimination is seen in some supermarkets where low-fat foods are often more expensive than their high fat counterparts, which gives consumers little incentive to buy “healthy”. Healthy foods should be exempted from the imposition of value added tax, while import duties should be removed on healthy products, vegetables and fruits which are not made or produced locally to increase their affordability to the general public.

    Alicia Nicholls, B.Sc., M.Sc., LL.B. is a trade and development consultant with a keen interest in sustainable development, international law and trade. You can also read more of her commentaries and follow her on Twitter @LicyLaw.

  • CARICOM Heads of Government 27th Inter-sessional taking place this week

    Alicia Nicholls

    The Heads of Government of the Caribbean Community (CARICOM) will be meeting in Belize this week for their 27th Inter-sessional meeting. The meeting, which will be taking place February 16th-17th, will  see a number of important issues on the agenda.

    Chief of which will likely be the Zika outbreak currently affecting several countries across the Caribbean and which the World Health Organisation declared a Public Health Emergency of International Concern on 1 February 2016. Moreover, the outbreak comes during the height of the Region’s tourism season, the main industry for many Caribbean countries. No doubt besides the public health risks, a key concern will be the potential economic fall-out from any negative impact on the Region’s tourism sector as most regional economies continue to experience sluggish economic growth in the aftermath of the Great Recession.

    Besides Zika, an issue which was discussed at the 26th Inter-sessional in the Bahamas last year and which remains of grave concern to the Region is international banks’ termination of correspondent banking relationships with indigenous banks in the Region due to de-risking practices. A recent World Bank survey that was published in November last year found that the Caribbean was likely the Region most affected by the loss of correspondent banking relationships. According to CARICOM Today, the Committee of Finance, which is working alongside the Caribbean Association of Banks, will prepare a strategy for the Heads of Government’s consideration during their meeting.

    Climate change will also be a prominent agenda item. This will be the first inter-sessional meeting since the historic Paris Agreement was concluded at the Conference of Parties (COP) 21 in Paris late last year and the Agreement will be open for ratification from April this year. Caribbean countries and other small island developing states were instrumental in getting many of their concerns incorporated into the final text of the Agreement.

    Several other issues may also be discussed as well, including the future of ACP-EU relations in light of the impending expiration of the Cotonou Partnership in 2020, relations with the Dominican Republic, security and terrorism concerns in light of reports of CARICOM nationals leaving the Region to join ISIS ranks, reparations, the still unresolved border disputes between Guyana-Venezuela and Belize-Guatemala, as well as the reform process and the way forward for the realisation of the Caribbean Single Market and Economy (CSME).

    According to a press release by the Barbados Government Information Service, the  Heads of Government are also expected to consider the applications for Associate Membership of CARICOM made by five territories: Curacao, French Guiana, Guadeloupe, Martinique and St. Martin. Additionally, Chilean President, Michelle Bachelet, will be a special guest at the Conference.

    The Opening Ceremony of the 27th Inter-sessional Meeting will be live-streamed on the official website of CARICOM, http://www.caricom.org on Monday, February 15th. The Closing Ceremony will also be live-streamed on Wednesday, February 17th.

    For further information on the upcoming 27th Inter-sessional Meeting, please see this report from CARICOM Today.

    Alicia Nicholls, B.Sc., M.Sc., LL.B. is a trade and development consultant with a keen interest in sustainable development, international law and trade. You can also read more of her commentaries and follow her on Twitter @LicyLaw.

  • WTO holds first post-Nairobi full membership meeting; Turkmenistan considering membership

    Alicia Nicholls

    This week the World Trade Organisation (WTO) held its first full membership meeting after the 10th Ministerial Conference in Nairobi last December. For the WTO’s news item on the meeting, please visit here.

    Turkmenistan considering WTO membership

    In other news, Turkmenistan is said to be considering WTO membership. According to Azer News, the EU proposed Turkmenistan for WTO membership in 2011 and Turkmenistan’s Deputy Prime Minister and Foreign Minister reportedly held several meetings in Geneva this week, including with Roberto Azevedo, Director General of the WTO. For the full Azer News article, please see here.

    Alicia Nicholls B.Sc., M.Sc., LL.B. is a trade and development consultant with a keen interest in sustainable development, international law and trade. The following information is for general You can read more of her commentaries and follow her on Twitter @LicyLaw.

  • Barbados to allow for Incorporated Cell Companies

    Alicia Nicholls

    Barbados is on the verge of adding another product to its international business and financial services offerings. The Companies Act, Cap 308 is currently being amended to allow for the establishment of incorporated cell companies (ICCs).

    Incorporated Cell Companies (ICCs)

    An ICC is a robust form of corporate cell structure which was first introduced by Guernsey by virtue of its Incorporated Cell Companies Ordinance in 2006. Each incorporated cell (IC) of an ICC has a separate legal personality from the ICC and the ICC’s other ICs. ICs can enter into binding arrangements with each other and the ICC. ICCs are more cost-efficient than a parent-subsidiary structure due to economies of scale.

    Cell company structures differ from traditional company structures. They allow for the creation of one or more underlying cells within the company so that the assets and liabilities of each cell are segregated from the assets and liabilities of the company’s other cells and of the cell company itself. This “ring-fences” the cellular assets allowing for enhanced asset protection and risk management. Cell company structures are particularly attractive for insurance activity (especially captive insurance), but also for other types of financial services activities like banking and mutual fund activity.

    Incorporated Cell Companies vs Segregated Cell Companies

    ICCs share similarities but also important differences with segregated cell companies (SCCs) which are also known as protected cell companies (PCC).  SCCs are an older type of cell company structure which were first established by the Guernsey through its Protected Cell Companies Ordinance in 1997. Unlike ICCs, an SCC is a single legal entity which means its underlying cells do not have separate legal personality from the cell company. Segregated cell companies and segregated accounts have been permitted in Barbados since 2011.

    Key Features of the proposed Barbados ICC product

    The key features under the proposed Companies Act (Amendment) Bill 2016 are as follows:

    • Naming – An ICC will be required to use the suffix  “Incorporated Cell Company” or the abbreviation “ICC” after its name. ICs must include the suffix “Incorporated Cell” or the abbreviation “IC”
    • Type of Business -any company incorporated or continued under the Act for the purposes of carrying on financial services activities, including insurance, banking and mutual fund activity, may incorporate as an ICC
    • Formation – A company may conduct business as an ICC in Barbados in four ways: (a) incorporation as an ICC, (b) the incorporation of an existing company (incorporated under the Act) as an ICC, (c) the registration of an external company as an ICC in Barbados and (d) the continuation of an external company as an ICC in Barbados.
    • Creation of ICs – An ICC may by special resolution create an IC.
    • Status of ICs – An IC is a legal person separate from its ICC.
    • Transactions – The ICC has no power to enter into transactions on the behalf of its ICs. Similarly, an IC has no power to enter into legal transactions on the behalf of its ICC or any of the other ICs of the ICC.
    • Separate Assets and Liabilities – Directors of an ICC are to keep the assets and liabilities of each IC separate and separately identifiable from those of the other ICs and the ICC.
    • Creditors’ Claims – A creditor of the ICC in respect of a transaction between the creditor and the ICC may not make a claim against the assets of the company’s ICs, while a creditor of the IC in respect of a transaction with that IC, may not make a claim against the assets of the ICC or its other ICs.
    • Constitution – The IC is to file its own by-laws within 21 days of being incorporated as a cell and it may not own shares in its ICC
    • Directors – An IC may have directors other than the directors of its ICC.
    • Registered Office – An IC is required to have the same registered office as its ICC
    • Record Keeping – An ICC is required to maintain separate records of the members of each of its ICs
    • Annual returns – An ICC is required to submit an annual return for each of its ICs and to ensure that its financial statements are not consolidated with the financial statements of its ICs
    • Expulsion – An ICC may apply to the court to expel an IC under one or several of the grounds elaborated in section 356.31(1) of the proposed amended Act.
    • Migration provisions– An IC of an ICC may be transferred to another ICC or to a SCC
    • Winding Up – The same provisions on winding up under the Act which apply to a non-cell company also apply to an ICC, except that an ICC that is being wound up is not to be dissolved until each of its ICs ceases to exist as an IC of the ICC and an ICC which is dissolved will not be struck off the Registry of Companies until each of its ICs has been incorporated independently, merged with a company, continued under the law of another jurisdiction, transferred to another ICC or SCC or wound up.

    Advantages of the ICC Vehicle

    ICCs are a very flexible vehicle and some of the advantages are the:

    • Ease of establishment of cells – Once the ICC is incorporated, it may by special resolution establish any number of cells as it so chooses
    • Portability – An IC of one ICC can be transferred to another ICC or to an SCC
    • Cost efficiency – ICC structures are more cost-efficient than parent-subsidiary relationships as economies of scale can be achieved through shared administrative frameworks
    • Tax liability – Each IC is separate from the ICC and the other ICs for income tax purposes
    • Ability of ICs to enter contracts with each other and with the ICC
    • Absolute protection of IC assets from the risks, liabilities and claims of creditors of the ICC or other ICs.
    • Segregation – The cell structure allows for the segregation of assets and liabilities, risk and investments
    • Unlike some jurisdictions, Barbados’ ICC product is not limited to the insurance sector, but to all financial services activities

    The Companies Act (Amendment) Bill 2016 was debated and passed in the House of Assembly last Tuesday, February 2nd, and is currently before the Senate for debate.

    The international business and financial services sector is one of Barbados’ main foreign exchange earners, accounting for a significant portion of corporation tax receipts and is a major employer.

    Besides Guernsey where it originated, the ICC product already exists in a few other jurisdictions, for example, Jersey, Isle of Man, Malta and the Cayman Islands. The introduction of the ICC product to Barbados is expected to further boost the island’s competitiveness and attractiveness as a preferred domicile for international business.
    The full text of the proposed amendment bill may be viewed here.

     
    Disclaimer: This article is for general information purposes only and is NOT intended to provide legal, investment, financial or any other advice. The Author accepts no liability to anyone who relies on the information in this article. The information was taken from sources deemed to be accurate and correct at the time of publication.

     
    Alicia Nicholls B.Sc., M.Sc., LL.B. is a trade and development consultant with a keen interest in sustainable development, international law and trade. The following information is for general You can read more of her commentaries and follow her on Twitter @LicyLaw.