The House of Lords' Economic Affairs Committee has reported on Corporation Tax this morning following a review to which I presented evidence. As they note in their report:
All our conclusions and recommendations are listed in Chapter 7. They are summarised below.
We recommend that Parliament should establish a joint committee–made up of MPs and Peers–to exercise greater parliamentary oversight of HMRC and the settlements it reaches with multinationals. Like the Intelligence and Security Committee, the new Committee would examine confidential evidence in private.
We recommend that the Treasury should urgently review the UK's corporate taxation regime and report back within a year with proposed changes to be made at home and pursued internationally, especially through the OECD.
On the international front, we recognise that the Treasury are already working for early implementation of the OECD's Action Plan to tackle Base Erosion and Profit Shifting (BEPS). We recommend that the review should also consider other approaches to the taxation of multinational companies' profits, such as a destination-based cash flow tax.
In the UK, we recommend that the review should re-examine some fundamentals of the UK's corporation tax regime, including differential tax treatment of debt and equity and the scope for introduction of an allowance for corporate equity.
We recognise that the Treasury will already be working on policy initiatives against avoidance already announced by the Government, such as naming and shaming promoters of tax avoidance schemes, and self-certification of compliance with tax obligations by companies bidding for public contracts. We recommend that the review should also consider a series of anti-avoidance measures for the shorter term, such as:
(i) regulation of tax advisers;
(ii) measures to penalise users of failed tax avoidance schemes;
(iii) a requirement on companies with large operations in the UK to publish a proforma summary of their corporation tax returns, so as to bring about greater transparency.
We also recommend that HMRC should be better resourced to deal effectively with the tax affairs of complex and well-resourced multinationals.
I welcome the report: some of its conclusions are clearly relevant and appropriate, I have highlighted those that make obvious sense. There are, however, some deeply worrying recommendations in there.
Giving allowances for equity rather than restricting relief for debt simply reduces, yet again, the tax paid on capital and shifts the burden of tax, once more onto ordinary people.
And a destination-based cash flow tax (a Prof Mike Devereux idea from the Oxford University Said Business School - funded as it is by very big business) is actually and very simply a suggestion to, in effect, increase VAT to replace corporation tax - which would again simply shift the burden of tax from capital onto ordinary people. It would also strip taxing rights out of poorer and developing countries where, of course, consumption is lower but need for corporate tax revenues is highest. This is a theme I will return to.
For now it is worth noting that this is a welcome report for the summary to provides of current thinking. But in terms of its economic logic it reveals a profoundly regressive view point that ignored evidence on unitary tax, gave too much weight to big business and its advisers and which reveals a poverty of thinking about how to really address the problem - which is the ability of multinational corporations to arbitrage the tax system to provide them with an inherent tax advantage, which the committee appeared unwilling to tackle based on my reading of the report, so far.
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Professor Devereux was a ‘special adviser’ to the Committee. People with such vested interests should not be given the opportunity to influence a Parliamentary Committee. He should have given evidence like everyone else.
“We also recommend that HMRC should be better resourced to deal effectively with the tax affairs of complex and well-resourced multinationals.”
As an HMRC employee who sees at first hand the destructive effects of the lack of resources in HMRC, I can at least welcome that. Whether a government that is so anti public sector listens to this is another matter however. I’ll beleive it when I see it.
Probably the difference is that their aim is to increase UK tax receipts while protecting UK competitiveness, so they would like destination based taxes.
Your view is on a wider issue of World tax justice which would want the money to go to the developing World. This is a worthy objective but making multinationals pay more tax is of no interest to the House of Lords if it does not come to the UK…..
if the ideologues at Said get their way, we’ll end up with no CT, higher taxes on middle income employees, higher top rate of VAT, say at 22.5%, with a wider scope perhaps including food and clothing for children. That way they can really “stick it” to the poor. I’d better stop now, because there is a real danger that I’ll infringe your zero tolerance rule!