Tax, levies and deductions: what should never come off a compensation payment

Compensation restores a loss; it is not income. Deductions at the payment point are common, informal and usually wrong.

Olule Solomon8 min read

Compensation restores a loss. It is not a payment for services, not a windfall, and in most frameworks not income. Yet money is routinely deducted from it at the payment point — sometimes lawfully, often not, and almost always without the recipient being given a basis for the deduction.

The deductions that appear

  • Withholding or income tax applied to a compensation award as though it were a receipt of income.
  • Local government levies charged as a percentage of the payment, sometimes described as a development contribution.
  • Facilitation charges collected by intermediaries — clerks, brokers, agents, sometimes local leaders — for arranging or accelerating the payment.
  • Debt set-off, where an agency deducts an unrelated amount the household is said to owe.
  • Bank and transfer charges passed to the recipient rather than borne by the payer.

The first two may be lawful in a given jurisdiction and require verification rather than assumption. The third is not lawful anywhere. The last is small, entirely avoidable, and the easiest to fix.

The standards position

Compensation must be sufficient to replace what was lost, and it is the amount the household actually receives that determines whether it was.[1] A deduction that leaves the recipient below replacement cost defeats the requirement regardless of who took it or under what authority.

That gives projects a clear operating rule: assess against replacement cost, and structure payment so that the recipient receives the assessed amount in full.[2] Where a lawful tax genuinely applies, the compensation should be grossed up so the net is right, and the reasoning documented.

The number that matters is the one the household ends up with. Everything above it in the chain is the project's problem to manage.

Informal deductions and how they persist

Facilitation charges thrive where the payment process is opaque: where the household does not know the assessed amount in advance, where payment depends on someone's discretion about timing, and where no receipt is issued.

Each of those is a design choice that can be reversed. Disclose the individual entitlement to the household in writing before payment. Publish the payment schedule so timing is not discretionary. Issue a slip stating the amount paid and the date. Provide a grievance channel that does not run through the people handling the money.[3]

Where deductions are being taken, the register will usually show it before anyone reports it — as a systematic gap between assessed and confirmed-received amounts, concentrated in particular locations or particular officers.[4] Nobody sees that pattern unless the two figures are recorded separately and compared.

What to fix before payments start

  1. Obtain a written position on the tax treatment of compensation in the jurisdiction.
  2. Decide who bears transfer charges, and put it in writing. It should be the project.
  3. Disclose each household's assessed amount to that household before payment day.
  4. Record assessed and received amounts as separate fields, and reconcile them weekly.
  5. Issue a payment slip the household keeps.
  6. Separate duties so that the officer who calculates, the officer who authorises and the officer who disburses are three different people.

Sources

  1. [1]Performance Standard 5: Land Acquisition and Involuntary Resettlement — International Finance Corporation, 2012.
  2. [2]Guidance Note 5: Land Acquisition and Involuntary Resettlement — International Finance Corporation, 2012.
  3. [3]Good Practice Handbook: Land Acquisition and Involuntary Resettlement — International Finance Corporation, 2023.
  4. [4]Evicted and Abandoned: The World Bank's Broken Promise to the Poor — International Consortium of Investigative Journalists, 2015.

Olule Solomon

Lead Consultant, ValueSpace

Olule Solomon is Lead Consultant at ValueSpace, where he works on land acquisition and resettlement systems for donor-financed infrastructure in East Africa. He writes about the practical gap between what the safeguard standards require and what a project can actually evidence at completion audit.

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