Google is brazen – and it’s time it was brought to account

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As the Guardian (and almost every other paper) reports this morning, the Public Accounts Committee has issued its report on the latest Google hearings.

Margaret Hodge was explicit:

Google generates enormous profits in the UK. But despite an $18 billion turnover between 2006 and 2011 it paid the equivalent of just $16 million in taxes to the UK government.

Google brazenly argued before this committee that its tax arrangements in the UK are defensible and lawful.  It claimed that its advertising sales take place in Ireland, not in the UK.

This argument is deeply unconvincing and has been undermined by information from whistleblowers, including ex-employees of Google, who told us that UK based staff are engaged in selling. The staff in Ireland simply process the bills. Google also conceded at this second hearing that its engineers in the UK are contributing to product development.

The company's highly contrived tax arrangement has no purpose other than to enable the company to avoid UK corporation tax.

Google's reputation has been damaged by these revelations of aggressive tax avoidance. That damage will not be repaired until the company arranges to pay its fair share of tax in the country where it earns the profits from the business it conducts.

As usual, Margaret is exactly right - which is precisely why the tax profession hate her so profoundly.

But then, she was also right about them:

This committee has vigorously condemned the activities of the big UK accountancy firms in helping their clients find loopholes in legislation and establish highly artificial tax structures.  These firms must recognize that the public mood on tax avoidance has changed and that the time has come for them to advise their clients responsibly.

As is very obvious, such responsibility os not on their agendas at present.

But in case anyone thought she'd found a silver lining Margaret Hodge also had harsh words about HMRC:

HMRC has not been sufficiently challenging of multinationals' manifestly artificial tax structures. We accept that HMRC is limited by resources but it is extraordinary that it has not been more challenging of Google's corporate arrangements given the overwhelming disparity between where profit is generated and where tax is paid. Inconsistencies between the form of the company's structure and the substance of its activities only came to light through the efforts of investigative journalists and whistleblowers.  Any common sense reading of HMRC's own guidance and tests suggests HMRC should vigorously question Google's claim that it is acting lawfully. In contrast to evidence given to us previously, Google has also conceded that its  engineers in the UK are contributing to product development and creating economic value in the UK. We note that HMRC has never challenged an internet-based company in the Courts on the question of its permanent establishment.

I think she will be just one of millions sharing those sentiments.

So, what's to be done? The recommendations are clear, and I endorse them:

-   Public confidence in Google will only be restored when it establishes a corporate structure that ensures Google pays tax where it generates profit. This should be addressed as a matter of urgency by Google and other companies with a similar corporate structure-the Committee will continue to pursue this issue over the course of the Parliament.

-   HMRC needs to be much more effective in challenging the artificial corporate structures created by multinationals with no other purpose than to avoid tax.  HMRC should now fully investigate Google in the light of the evidence provided by whistleblowers.

-   HMRC and HM Treasury should push for an international commitment to improve tax transparency, including by developing specific proposals to improve the quality and credibility of public information about companies' tax affairs, and use that to information to collect a fair share of tax from profits generated in each country. This data should include full information from companies' based in tax havens.

-   The professional bodies of the accountancy profession should emphasise the importance to accountancy firms of behaving responsibly in selling tax advice to clients, and in reaching audit judgements on the substance of their clients' UK operations and structures.

The profession and business may hate it - but this cannot be ignored. And nor is the issue going away.


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