A commentator here has sent an extract from today’s Manx Independent, which says:

Assessor of Income Tax Malcolm Crouch states, “We are awaiting formal assessment of Zero/10. We are not abandoning Zero/10, it has not changed. Waiting for clarity from the EU is frustrating for everybody‚Ķ. Govt’s position is that ARI is a personal tax measure and not part of Zero/10 and as such is not an issue that it is appropriate for the EU to rule on”

As the commentator says: “discuss”.

OK, I rise to the challenge. The ARI is the “attribution regime” for Isle of Man resident individuals that means that the effective 0% rate of tax on companies resident in the Isle of Man is not available to companies that have Isle of Man resident shareholders. When such shareholders exist then the ARI scheme means that the undistributed business profits of the Isle of Man corporate taxpayer are taxed in the hands of the shareholder in question at 20% unless the company in question is a trading company, and they have only to distribute a minimum of 55% if their profit to their members on which they are then taxed – giving an effective enforced rate of 11% as a minimum for Manx resident and owned companies. A Manx resident company not owned by locals pays 0% and so it is obvious that there is a ring fence that is unacceptable under the EU Code of Conduct where the rules say local people must not be disadvantaged by a tax regime.

Now, formally, the ARI is technically applied at the individual level i.e. on the shareholder and not on the company. As a  result the Isle of Man says the scheme is outside business tax – which is the issue Malcolm Crouch has referred to.

But the fact is that the ARI does, as a matter of fact create a ring fence. And it’s also a matter of fact that it replaced the earlier Distributable Profits Charge which had exactly the the same effect except it was operated by the company, not the shareholder. This charge failed the Code of Conduct in 2007, as I noted here. So, in arguing that they comply now the Isle of Man is relying on a simple admin change to argue that the ring fence is not in the business tax system but in the personal tax system bow and so the EU can’t rule on the issue.

That, vey politely, is about as aggressive as any tax avoidance scheme you’ll ever see, relying on a highly artificial construction of language to seek to get round an obligation. And in this case the fact that the Code if not law but a principles based system completely blows the Isle of Man’s argument out of the water: the principles of the Code have been violated and that’s the beginning and end of the test. In that case the Isle of Man has failed. It can argue if it likes, but the UK will have to legislate for it if it does not comply.

Now there’s an interesting scenario in the making – and one the Island will not want to confront, I’m sure. So the bluster will come to an end in due course and the Isle of Man will comply. It has no choice.

But in the meantime I refer back to the Irish Times article I noted this morning:

Known for being self-important on occasions, Thomas The Tank Engine always believes he is deserving of more respect and he gets annoyed when he does not get it.

On the Isle of Man, right now, there are a few more like him.

Could it be Malcolm was one person they had in mind?

 

The word is out that Ireland’s recovery package is bound to fail.

Bond yields have risen again today.

And now the New York Times says:

Ireland has finally taken its medicine, accepting the financial rescue package European officials have been pushing for several weeks.

But even as Europe moved to avert this latest debt crisis, economists and policy experts are increasingly debating whether it would be better, and fairer, for the Continent’s weakest economies to default on payments to lenders.

Many experts now say that bailouts only delay the inevitable. Instead of further wounding their economies with drastic budget-slashing, the specialists assert, governments should immediately start talks with bondholders and force them to accept a loss on their investments.

This is, of course, the German plan, in effect.

And it’s right. There’s bad money in the system. It has to be eradicated. The question is who bears the cost.

I say it’s not the ordinary people of the failing states.

And it’s not their governments – whose bond yields need to be normalised by massive QE by the European central Bank who then needs to replace the bonds it buys with new Euro bonds – which won’t be at all inflationary in the current depressed environment.

But banks do need to take a hair cut. And yes that will mean widespread nationalisation of banks. Which is the only way to bring them into line anyway.

So default is an effective option. It’s time to embrace it. And the sooner the better.

But have those new boatrds available for those nationalised banks as soon as possible I say – because they’ll need to be tough.

 

Guernsey has said of the decision by the EU Code of Conduct Group last week that:

it has received confirmation that, at its most recent meeting (19th November, 2010), the EU Code of Conduct on Business Taxation (‚ÄòCode Group’) agreed with unanimity that the zero/10 corporate tax regimes have harmful effects. It is understood that, whilst the formal assessment process has not technically been concluded, the expectation is that the Crown Dependencies will be required to introduce revised corporate tax regimes.

Although Guernsey’s zero/10 regime has not been subject to review by the Code of Conduct Group the implications of last Friday’s conclusion by the Code Group will need to be thoroughly reviewed and assessed.

I’ve already compared this with Jersey’s official response but now KPMG have moved response in Jersey into the world of fantasy. According to the Jersey Evening Post:

EUROPE’S response to the zero-ten tax package is ‚Äòvery good news’ for the future of the finance industry, according to the tax partner at major accountancy firm KPMG Channel Islands

John Riva said he was very pleased with the outcome of the meeting last week at which the EU Code of Conduct group on tax matters discussed zero-ten.
Mr Riva said his assessment was that there was a ‚Äòtacit’ acceptance of the zero-ten regime.

‚ÄòIt would appear we will be able to maintain a zero per cent and a ten per cent rate and that will give us certainty,’ he said. Continue reading »

 

David Gauke said on Tuesday:

Now agreeing the ‚Äòright amount of tax at the right time’ is a key aspect of HMRC’s work. We all want to minimise the scope for disputes wherever possible. But realistically, there will always be questions over what is the ‚Äòright amount of tax’.

These disputes can be very expensive – lasting several years and generating eye-watering legal fees. As well as being unproductive, these costs fall on both sides of the table. This means that we have a double interest in reducing them. Not just to cut HMRC’s costs, but to reduce the costs incurred by the taxpayer, as well as the costs to business.

So while, as a Minister, I don’t know the details of individual cases, I was pleased to see HMRC recently achieve the largest cash settlement in the department’s history.

This has bought in extra revenue that has sat in financial purgatory for numerous years, and shows the department and business working to resolve long-outstanding issues.

That’s why – rather than join a bandwagon with those who would question HMRC’s direction of travel in this area – I want to see HMRC build on the way it manages relationships with large businesses.

That’s all right then. Writing off about £4.8 billion of tax due is just hunky dory – and if anyone else of similar size want to come along and ask for a bi discount deal Gauke’s only too happy to settle.

I wonder what rate he’ll give me now on my January tax bill? Not one penny I suspect. Continue reading »

 

David Gauke, the Exchequer Secretary said on Tuesday:

As a Government we’re not interested in large hikes in business taxation.

They are for everyone else, but not business.

Now you know where you stand.

And why did he say this:

B[ecasue] higher business taxes will ultimately be paid by a combination of employees (with lower wages and salaries), consumers (through higher prices), or shareholders (with lower dividends).  And in an open economy, such as ours, it will probably be the employee who loses out.

This is nonsense. First this is based on some very dodgy economics by Mike Devereux at the Oxford Centre for the Non-Taxation of Business, which in coming to the conclusion that labour pays corporate taxes makes such amazing assumptions as a business that faces a strike can move all its [production to another country for the duration of the strike at no cost and with no disruption and can return afterwards with the same condition applying. A real world scenario, very obviously.

Second, this ignores the fact that if business is not taxed then the profits flow out of the UK to not be taxed elsewhere either – because a significant part of the holding of stacks and shares is now located in funds in tax havens. So the alternative is not tax business or labour, as Gauke implies, but total tax lost which then ha to be paid by labour. Something very different indeed, that he forgot to mention. Odd that.

Nov 252010
 

David Gauke is not a big fan of mine. That’s a shame as he’s Exchequer secretary to the Treasury  and we’ve never met. But for all his efforts at setting out his differences with what I have to say  he also seems remarkably good at heeding my advice.

There’s little doubt that the work I’ve done on the tax gap for the TUC and PCS has propelled the issue up the political agenda. Gauke, as he’s said before and did again this week, isn’t convinced. But then HMRC published its business plan and made its number one priority saying in its business plan:

HM Revenue & Customs’ vision is:

- to close the tax gap;

- to make our customers feel that the tax system is simple for them and even-handed; and

- to be seen as a highly professional and efficient organisation.

Oh dear David: somebody wasn’t paying attention to what you said about me getting all my numbers wrong. They went and accepted the issue as the most important you’ve got anyway.

And then yesterday Gauke gave a speech to the Deloitte Tax Director’s Academy. It wasn’t an auspicious location given Deloitte’s role in preparing a report which showed an enormous lack of professional objectivity for the Foot Report last year (a task which conflicts of interest alone should have precluded them from given they operate in all major tax havens / secrecy jurisdictions). But let’s ignore that and note what Gauke said. Take thjis as an example:

agreeing the ‚Äòright amount of tax at the right time’ is a key aspect of HMRC’s work

I couldn’t agree more. But then I say, often, that tax compliance is:

Tax compliance is seeking to pay the right amount of tax (but no more) in the right place at the right time where right means that the economic substance of the transactions undertaken coincides with the place and form in which they are reported for taxation purposes.

Do you note the similarity? It’s not a regular HMRC phrase – but it certainly is here. Oh no, not again, surely David – that you’ve gone and agreed with me?

Well, no, not entirely. Because he also said:

It does no-one any good to exaggerate the scale of the tax gap, or generate confusion about its nature.  Despite what some individuals may think, we can’t magic away our debts by collecting supposedly unpaid amounts of tax that, in reality, don’t even exist

I’ve seen some external tax gap estimates of up to £120 billion – three times HMRC’s own figure – based on rather far-fetched assumptions.

These are particularly egregious in the area of corporate avoidance.

First, people’s rhetoric seeks to gloss over the relative proportion of the tax gap that is attributable to large business.

Second, their own estimates have looked at the statutory rate of Corporation Tax, and the effective rate, and classed the difference as avoidance.  They’ve chosen to ignore the fact that much of the difference can be explained by double taxation relief, capital allowances, R&D tax credits, and other legitimate reliefs.

So yes, while we can’t afford to ignore the issues of evasion, fraud, or avoidance for that matter, our strategy for addressing these issues will be grounded in reality, not hearsay or creative accounting.  Let us ensure that this is an informed debate, based on the facts.

Now he’s trying to argue. But he has a problem, because his facts are wrong. I’ve explained why, at length, before, but let me summarise the argument:

a) I use his data on unpaid tax, he can’t disagree.

b) On evasion I use his ratios on VAT loss – which the World Bank also find give a remarkably accurate estimate of the size of the shadow economy. But he argues that tax returns give a better guide. This ignores the fact that the most serious tax evaders don’t submit tax returns precisely because they’re in the shadow economy! It’s so obvious HMRC data is wrong it’s absurd for him to argue otherwise but in case of doubt note this: total tax avoidance on income tax, national insurance and CGT is just £1.4 billion they said in 2008 – 09 and then in the budget Osborne said it exceeded £1 billion on CGT alone.

c) Sure we disagree on the amount of corporate tax avoidance. I say it’s £12.5 billion, using HMRC data it may be £6 to £7 billion. So we have a £5 billion gap in £120 billion. That’s it.

And then note on corporate tax rates – which he criticises me for using as the basis for assessing the tax gap – he says in his latest speech:

This will be the lowest rate of any major Western economy, one of the most competitive rates in the G20, and the lowest rate this country has ever seen.

So headline rates, and differences in them, are important after all, he says. Sounds like he’s just go confused again.

The simple fact is this: the tax gap narrative makes sense because it is sense, it is researched, it is based on fact, it is logically coherent and to argue that it’s better to cut than collect £120 billion (or just a part of it – because I’ve always acknowledged that’s the best that’s possible) is just plain offensive to those who will be losing their jobs, benefits, pensions, education and much more.

I’ve said it before, and I’ll repeat it: the choice the ConDems have made is to leave the money with the cheats. I want it in the pockets of pensioners, the young, the poor, and thsoe forced out of work by this government. It’s a simple choice. And he’s made the wrong one.

Nov 252010
 

From the TJN blog:

We just noted how Giulio Tremonti, Italy’s finance minister, has said some things that TJN would agree with, as TJN Senior Adviser Richard Murphy notes too. However, we are beginning to wonder if there might be more to this than meets the eye.

Tremonti:

Murphy:

Is there something we need to be told?

Pure coincidence, I swear!

 

Andrew Gilligan asks the questions.

And gets no answers.

Hat tip: TJN

 

There’s a lovely story in the Irish Times this morning. It’s headlined:

Island on track to meet challenge of tax change that cost it dear.

However maybe 90% of the story is about the fact that Thomas the Tank Engine is based on Sodor, which is the Isle of Man in all but name. And as it concludes:

Known for being self-important on occasions, Thomas The Tank Engine always believes he is deserving of more respect and he gets annoyed when he does not get it.

On the Isle of Man, right now, there are a few more like him.

Don’t I know it!

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