50% of employers 'over three months late' in paying NIB

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

Almost 50 per cent of Bahamian employers are “more than three months late” in paying National Insurance Board (NIB) contributions on their workers’ behalf, an actuary urging an end to “laissez faire” compliance efforts.

Derek Osborne, who compiled the recently-released ninth NIB actuarial review, said “less than 25 per cent” of monthly contributions were paid on time - the 15th of the following month.

However, noting that just 10 per cent of due NIB contributions remained outstanding after 90 days, Mr Osborne said this number - combined with the 50 per cent employer delinquency rate - showed it was small businesses that “consistently pay late”.

The NIB actuarial review highlights just how difficult the Government may find it to enforce compliance with its Value-Added Tax (VAT), and why it wants to concentrate its efforts on the 2,800 businesses with turnover above $100,000 - who generally appear to pay their bills on time.

To deal with NIB’s compliance problems, Mr Osborne recommended the Bahamian social security system introduce a heightened “penalty or surcharge” regime.

This, he suggested, could involve fining companies $1 per employee, per week that NIB contributions remained unpaid, or levying an initial 10 per cent surcharge plus interest. The interest rate could be based either on Bahamian Prime or prevailing commercial bank lending rates.

“The current penalty for late paid contributions is minimal - interest at the Prime rate (now 4.75 per cent per annum) - and it is not consistently applied,” Mr Osborne said.

“With only a minimal penalty for contributions paid late, the Fund is losing interest on monies that could have been invested had they been received earlier.”

Calling on NIB to review these recommendations “at the earliest opportunity”, Mr Osborne added: “NIB has generally had a laissez faire approach to enforcing compliance -penalties for late or non-payment are minimal, prosecutions are used only as a last resort and they are often applied selectively.

“Further, benefits are paid for periods of unpaid contributions if employment can be confirmed, but without first collecting outstanding contributions. All of these have resulted in a lax culture among employers towards paying contributions.”

Compliance was described as NIB’s “greatest administrative challenge”, with just 75 per cent of the workforce making monthly contributions, and only 23 per cent of payments made on time in 2011.

Summing up the consequences, Mr Osborne added: “The failure of so many employers and self-employed persons to make regular contributions will result in thousands of workers retiring without a secure source of income in old age.

“And since contributions are not being paid for all periods worked, many who qualify for a retirement pension will be awarded less than what they would have received had they contributed for all employment periods.”

While tying Business Licence renewals to being in ‘good standing’ with NIB had improved compliance in the past two years, Mr Osborne added: “Adopting a zero-tolerance approach to non-compliance is required to make a significant change in employer behaviour.”

Implicity backing the Government’s move to create a Central Revenue Agency (CRA), which will be responsible for administering VAT and all other taxes, Mr Osborne suggested that NIB also pay it a fee for collecting social security contributions.

And, in return, NIB would be responsible for making pension and benefit payments to all public servants.

Elsewhere, Mr Osborne said Bahamians who held two or more jobs “remain inadequately covered” by NIB.

Only the main employer of such workers was required to pay contributions on their behalf, meaning that total earnings were not covered. As a result, these workers would be entitled to retirement and short-term benefit income below what should be due to them.

Recommending that employers pay NIB contributions for all workers, Mr Osborne added: “Where the total wages on contributions paid in any given year exceeds the annual wage ceiling, appropriate refunds could be made to the employee as well as all associated employers.”

Adding that employed persons who also worked as self-employed tradesmen should be given the option of “maximising their insurance coverage” by contributing as the latter, Mr Osborne said just under 30 per cent of the Bahamas’ self-employed workforce paid contributions in 2012.

Responding to complaints that the NIB contribution form for self-employed persons was too complex, Mr Osborne suggested that the Board implement a system where persons could make “flexible, lump sum” payments as their earnings allowed.

“The NIB provides a relatively generous benefits package for a low contribution rate, and thus its financial sustainability often comes into question,” Mr Osborne concluded.

“The key challenge for NIB regarding financial sustainability is determining when will be the right time to increase the contribution rate.

“Key risks associated with growing the Fund that could affect long-term sustainability are continued high operating costs, low investment returns, imprudent use of reserves for non-NIB purposes, and the lack of political will to implement meaningful reforms in the future.”

Comments

Reality_Check says...

Osborne is recommending a sensible approach to a problem that is already out of control....employers are in effect stealing from their employees. An effective law enforcement program, one with teeth that truly hurt when they bite, is the only way of dealing with unscrupulous thieving employers. Start by putting those teeth on Jones of Jones & Co. to ensure he has no relapse in his ways!

Posted 4 October 2013, 1:16 p.m. Suggest removal

concernedcitizen says...

You know Jones ,Baby T and couple more ain,t checking bout any NIB . The first step was knifeing their own, Cargill.

Posted 4 October 2013, 9:59 p.m. Suggest removal

hj says...

They can't even collect NIB,yet they will collect VAT. Do they live in a fantasy world?

Posted 4 October 2013, 2:07 p.m. Suggest removal

John says...

Firstly Let it be known that a company that is late on NIB contributions has to pay interest on those contributions when they are made. Any payment that is more than 15 days late is accessed an interest penalty. Secondly it is not strange or unusual that most of the companies that are late are small businesses. Since these companies have limited resources and, in many cases, no formal accounting department, the burden of collecting government's revenue by way of NIB's contributions is greater than on a larger business. Some small businesses never make a profit and since the cash flow is so small paying NIB contributions is not given a priority. YET some foreign owned businesses close down and leave the country owing NIB and other governmental agencies than the sum total of what is owed by small businesses. Businesses that do not pay national insurance contributions cannot renew their business license and since most of the small businesses that are delinquent in their NIB contributions will not qualify to be registered to collect the VAT there is no parallel between the two taxes.

Posted 4 October 2013, 5:56 p.m. Suggest removal

hj says...

The issue is not the type of tax. It is its enforcement. Business licences are not supposed to be renewed unless NIB is paid that is correct. You know how many people get around that? Especially if you are a supporter of the party that happens to be in power at the time. Some don't even bother to renew their business licences. About property tax. In the US,if youdon't pay it,the police will eventually come into your house and move you out. Hardly the picture in the Bahamas. About VAT,;let's say a known supporter of a political party collects VAT from his customers and does not give it to the government. I seriously doubt that any action will be taken against him.

Posted 4 October 2013, 6:35 p.m. Suggest removal

ohdrap4 says...

Do people even renew the business license regularly?
I once worked for a small business that did not pay NIB regularly for 2-3 years, after a while and after paying interest, they more or less straightened out.
The business license however, was not renewed for several years. One time they needed to present it to get some transaction completed. The receptionist was told to take the license from the wall and make a copy. the sun had faded the license on the wall and she could not make a copy.
So they went to ask another copy from the gov., They were owing 50,000 or so in overdue fees, and had to pay to get it.
They could pay, they were just hogging.
I wish I could be a fly on the Wall when VAT comes into place, the employees there will have plenty fun.

Posted 4 October 2013, 7:36 p.m. Suggest removal

John says...

I can understand VAT being placed on services industries like attorneys fees and accounting for example, where the work is labor intensive. But since most companies that sell merchandise has to import it, taxes are more easily collected at the border. But in the end it may be relief for some who will not have to pay some of the taxes on goods until they sell them, and a person does not necessarily have to be dishonest to not pay VAT to the government. If the business is struggling and bills are piling up, then VAT will be used to pay bills and the business can find itself in problems.

Posted 5 October 2013, 10:05 p.m. Suggest removal

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