Jun 162008
 

I overlooked this last week in the FT:

A partial climbdown on the new “non-dom” tax regime concerning advisers was signalled yesterday by the Treasury in a move designed to stop parts of the private banking industry relocating offshore. In an amendment to the finance bill, the Treasury proposed an exemption for fees paid by non-doms on investment management services relating to overseas assets. The changes were welcomed by British Bankers’ Association, which had warned the Treasury that UK-based advisers would be at a disadvantage compared with their overseas rivals.

However, KPMG, the professional services firm, warned the concessions “did not go far enough in addressing the impact on UK competitiveness and investment in the UK”. It said the Treasury had failed to address the incentive for trusts to invest in non-UK assets and for trustees to seek legal and tax advice outside the UK.

It’s time for the UK to send out two very simply message to these people. The first is that we do not want to be a tax haven. The second is that we will not be held to ransom by them. The second is not possible, of course, without the first.

But in the interests of the UK as a whole this is what we have to do. Or financial services will destroy us.

 

The Guardian has reported that:

Child poverty in Britain has increased for the second year in a row, government figures revealed yesterday, putting Labour’s target to halve it by the end of the decade in jeopardy.

The estimated cost of getting on track now is £2.7 billion a year. That could have been raised by completely abolsihing the domicile rule rather than amending it.

Another New Labour opportunity lost.

 

There is another dimension to the story I noted earlier today about Switzerland’s infringement of a Swiss banker’s human rights through the promotion of banking secrecy.

Elmer is right that tax law can infringe on people’s human rights. But it’s not just Switzerland who does this. The UK does too.

The UK’s domicile rule infringes my human rights. I am resident in the UK but have no opportunity to pay tax on a remittance basis, whether I offer an inducement of £30,000 or not. I’m prejudiced on the basis of my national origin, and that’s illegal under the UK’s race relation laws.

If anyone wishes to fund taking this to the European Court of Human Rights, just let me know.

 

It’s fascinating to note that Simon Mckie has written in Taxation magazine saying:

The new non-domicile tax regime has been cobbled together and will be bad for UK plc

I’d have thought by now that those supporting the non-dom cause would have seen that the writing was on the wall, but apparently that’s not the case, even though Taxation magazines own editor, Mike Truman has said:

some non-domiciles have expressed the fear that this [the remittance basis changes announced in the Pre-Budget Report] may just be the start of a process which will lead to a removal of all their tax privileges; all I can say is that I hope their fears are realised.

Mckie thinks that ‘unsympathetic’ and then argues that non-doms deserve their special privelege for economic and moral reasons. His economic arguments are hackneyed, and already known, but in making his case he also says:

The significance of their charitable involvement in the provision of artworks for public display, for example, became obvious when lobbyists alerted the Government to the threat posed by its original proposals to heritage charities, which resulted in one of the Chancellor’s many u-turns.

To argue that the loan of artwork paid for out of untaxed income provides a reason for non-doms retaining their status is, I’d suggest pushing an argument beyond the parameters of the absurd. Mckie clearly doesn’t agree.

His moral argument is even poorer. He thinks the case of those like Mike Truman (and me) who argue against the domicile rule on moral grounds is:

the old view that it is better for everyone to be poorer provided they are less unequal; a belief in the virtue of equality of misery.

First of all this shows that he understands nothing of the other reasons for taxation, I noted here the other day. Second it shows he appreciates nothing of the impact of discrimination. Third it shows he does not understand that increasing disparities in wealth are harmful, causing economic decline due to disaffection from the system. Fourth, he appears indifferent to the concept of equality as the underpinning of democracy. But then, I’ve also heard that before recently as well. Fifth, he actually gives no evidence to support his claim that this outcome will result. Put simply therefore, he has not presented a moral case in defence of his position. He has presented a hackneyed rejection of what he perceives a socialist position. It’s a lame excuse for an argument.

And at the end what he presents is a ‘market based’ test for pricing tax for individual customers when they are important enough, suggesting that:

So, a more rational tax system for those with a weak connection with the UK would restrict the maximum tax liability of non-domiciliaries (or perhaps foreign citizens) to a modest amount (say, £5,000) and, after they have been resident for a short minimum period (say, three years,) provide that that liability would increase in smallish increments (say, £5,000) for each additional year of residence.

It’s absurd that such an argument can even be given space at this time when it has been shown that global capital and those who manage it are the cause of the current global financial crisis. In addition, as I showed recently, on pure economic grounds (using neo-classical argument) the distortions such arrangements introduce to a market will always be harmful to the smooth operation of markets, as we have too obviously seen.

Mckie’s argument can in that case be reduced to one single sentiment: greed on the part of clients. So unattractive is that that Mike Truman and I should be quite confident that the day when the domicile rule has gone will soon be here. And the likes of Mckie only increase the probability of that happening by advancing such ludicrous arguments that are so obviously abusive of the resident population of this country.

 

The FT has reported that:

Britain is once again eligible to market itself as a tax haven following recent concessions to “non-dom” residents, according to a firm of advisers.

Grant Thornton’s stance reflects a renewed determination to restore the UK’s image as an attractive place for foreigners to settle, amid fears that its appeal has been permanently dented by the row over the shake-up of the tax regime.

Let’s be clear though: some of us are dedicated to ensuring that the tax haven status is lost. Anyone who choses to invest here on the basis of these concessions is mad because they’re not sustainable.

The trend to abolition of the domicile rule has begun. It will go, the only question is when, not if.

 

The FT has done itself little credit over the last few weeks with a mass of letters and commentary supporting the tiny non-domiciled elite who live in this country. A great many people have commented to me at how sickening they have found this.

But it did not please the non-doms despite this. On Wednesday they published an extraordinary letter from a Mr Derek Randall, which said, amongst much else:

[O]ver recent weeks you have exhibited through your editorials, columnists, including the veteran Martin Wolf, and your correspondence column a disconcerting and surprisingly wicked and mischievous bias against the preoccupations and concerns of non-domiciled but resident people living in the UK

He went on to say:

[T]he manner of the introduction of the measures, … and the reason for their introduction, that is, a sop to the unions, and the stoking up of resentment against predominantly foreigners, who push up restaurant prices, and order fine wines – smack of the worst excesses of 1970s socialism: Roy Jenkins’ surcharge on surtax, and recall the famous words of his successor, Denis Healey, referring to “squeezing the rich till the pips squeak” as the rich were pummelled, resulting in an exodus of talent and capital.

He concluded:

It is so easy to achieve easy popularity by stoking up envy of those who are made to feel uncomfortable, unwelcome and even despised and you ought to be ashamed of allowing the FT to become a vessel for such populist mischievousness and malignancy.

Thankfully such ill informed, and bluntly offensive comment has resulted in appropriate response, published today, which again I quote only in part from Jonathan Howcroft:

I am unaccustomed to rising to such tawdry bait but I feel I must publicly object to the risible comments of David A. Randall (Letters, March 12).

Not only is he misleading when claiming the FT is biased in favour of punitive measures to combat the growth of the super-rich, but his choice of language and imagery would be laughable were he clearly not so sincere.

Implying that “non-doms” are a victimised minority is absurd – worse still when he allows his allegory to slip into the semantics of “plight”. If theirs is a plight, I envy their suffering.

Surely the sensible approach to this fiasco is to agree on the principle of an equitable and constructive system of redistributive taxation, which satisfies the dissenting majority of the population without isolating a fundamental element of Britain’s 21st century economy.

If this debate has proven one thing it is that those who argue for privilege have no logic to support their cause. They just have fear of losing their advantage and envy of those who might approach their monetary wealth to motivate them. At the same time, those of us arguing for fair and appropriate taxation have shown we have all the arguments.

And that will remain the case. Which is a cause for considerable optimism.

It’s a shame that my profession did in the process show itself to be so intellectually bankrupt, but that’s a price you pay for follwoing the money.

 

The Budget contains revisions to the rules for employment related securities relating to people who are resident but not ordinarily resident in the UK. These rules get so close to making the private equity carry chargeable to income tax for some non-domiciled people.

But then you have to remember that the BVCA rules deem the carried intrest in private equity to not be employment related securities, even though they obviously are.

So near. So close. So far to go to creating fair taxation.

 

The Budget notes say (page 246) that:

Transfer of Assets Abroad

27. Anti-avoidance legislation designed to prevent individuals from avoiding

income tax by transferring assets abroad will be amended to ensure these

anti-avoidance provisions apply to non domiciled individuals. The

remittance basis will apply to remittance basis users.

This is a massive change. It effectively says that once a non-domiciled person is resident here they can no longer set up non-resident trusts to avoid UK tax.

Very good news!




Mar 122008
 

The Budget changes the test for resident days in the UK (page 239)

You now have to be in the country at midnight. This overcomes a problem with the rules announced in the Prejudged Report which could double count days.

If by chance transit requires a person to be in the UK at midnight this is ignored.

I think that’s fair.