Abstract:
Real property taxation in general and rural land use fee and taxation in particular are important to generate
revenue for local governments and it enables to use the rural land effectively and efficiently. Economic
theories provide a strong case for land taxation to improve the economic efficiency of fiscal systems
especially for developing countries with highly distortionary tax systems. Though rural land taxation had
been the main source of revenue in the imperial regimes of Ethiopia, it stopped to continue in the Derg
regime and the place of rural land taxation is not clearly defined in the existing FDRE Constitution. The
silence of the FDRE Constitution on such important revenue source and the existing land tenure system of
the country raises a host of issues whether it is possible to employ rural land tax on one side and issues
related to allocation of fiscal powers on the other. This paper aims at investigating the legal framework of
rural land use fee and taxation in Ethiopia and the practice in the Amhara region and appraises the prospects
and possible challenges ahead. Thus, to achieve the intended objectives and to come up with reliable findings,
a qualitative legal research methodology has been employed because the research objectives and research
questions cannot be addressed without employing such methodology.
The finding is that the drafters of the Constitution had a clear intention on rural land taxation despite the fact
that their intention has not been properly reflected in the approved FDRE Constitution. Despite such gaps,
the existing land tenure system can not preclude to employ rural land taxation because it is possible to impose
a rural land tax on the use right of the land. On the other hand, the base of rural land use fee introduced and
the practice are incompatible. The modes of assessment are against equity and efficiency principles and the
rate is nominal which does not go with the current value of produces on the land. It is also found that revenue
and expenditure assignments on real property taxation in general and rural land use fee and taxation in
particular are not in line with the theory of fiscal federalism. Hence, local governments in the Amhara Region
remain without any expenditure ad revenue raising powers while they have access to various revenue sources.
It is also found that the potential challenges on rural land tax are no longer seemed to be fatal obstacles.
Thus, the rural land administration system in the Amhara Region becomes improved from time to time and the
cadastral registration system is in good progress which allows employing rural land taxation. The rural land
holders in the study area have a positive attitude towards rural land taxation and they think as if they were
paying rural land tax. However, the Ethiopian government in general and the Amhara Regional State in
particular could not use such huge resources effectively and efficiently.
It is recommended that since rural land tax has multiple benefits to land holders and the government at large,
it should be re-introduced in Ethiopia. Thus, there should be clear and adequate legal frameworks on rural
land use fee and taxation. There must be a separate and comprehensive rural land policy and the tax
institutions should be modernized. The possible challenges on employing rural land tax such as
administrative costs, tax collection &compliance, modes of assessment are not fatal obstacles and these can
be overcome and reduced by improving the rural land administration system. Awareness creation and
modernizing the tax collection system can also reduce challenges related to tax payer’s resistance and
compliance. Moreover, adequate expenditure and revenue power should be allocated to local governments to
provide public services. The rural land use fee and taxation should be assessed based on quality than area
based systems. The jurisprudence of rural land use fee and taxation should be developed