Power of Attorney processing update
Sandra McDonald, Public Guardian has provided an update on the current power of attorney position.
Sandra McDonald, Public Guardian has provided an update on the current power of attorney position.
On 27 November the Scottish Government announced it is postponing the next revaluation of non-domestic rates until 2017. In addition it has announced a comprehensive review of the non-domestic rates system.
The Scottish Government consultation, “Supporting Business – Promoting Growth” can be found here. The consultation ends 22 February 2013.
Merry Christmas from Legal Knowledge Scotland.
Thank you for all your support during our second year and best wishes for 2013.
My final “tax land” of 2012 as I have a looming chapter deadline on the subject of a Scottish tax system.
Where to start? Let’s start with the UK Chancellor’s “Autumn” statement.
George Osborne admitted that the UK had missed its debt reduction targets putting the UK’s AAA credit rating under threat. Osborne also announced that the planned rise on fuel duty is to be axed and the personal allowance of income tax payers is to be boosted. Benefits are to be limited to a 1% rise a year for the next 3 years and economic growth will be lower than predicted until at least 2018.
In response the Institute of Fiscal Studies warned that one million people will find themselves joining the higher 40p income tax rate by 2015. Far higher than the 400,000 figure quoted by Osborne. The IFS also said further austerity measures to increase taxes and cut benefits were unavoidable to fix a £27bn black-hole in the UK economy before the next UK General Election.
Figures also showed that poorest 30% of households will suffer the most under the changes announced. More on this from the Scotsman can be found here.
The AAA rating is of course an issue in the independence referendum. One of the arguments made by those arguing NO is that an independent Scotland, notwithstanding its oil reserves, would lose its AAA credit rating. This issue is now a problem for the NO campaign as the UK, in the event of a YES vote, would presumably be desperate to retain Scotland in a monetary union to protect its credit rating.
The YES campaign also received a further boost when it was confirmed that nearly 17 billion barrels of oil are to be recovered from the North Sea over the next 30 years following a £134bn investment by oil and gas companies. The majority of the new developments will be in Scottish waters while production from gas fields in the southern North Sea begins a dramatic decline. More on this from the Scotsman can be found here.
Now to the tax avoidance debate.
The House of Commons Public Accounts Committee has warned officials from HMRC that firms that devise complicated tax regimes are “running rings” around them. The Committee Chair, Margaret Hodge MP, said that the public would consider such schemes “completely and utterly immoral”. More on this from the Guardian can be found here. My recent blog on this and the lack of political will to reform the UK’s tax system can be found here.
Meanwhile the Chief Secretary to the UK Treasury, Danny Alexander, has warned against naming and shaming large firms who do not pay the correct amount of tax, insisting that he is obliged to defend firms’ “taxpayer confidentiality”. More on this from the Mirror can be found here. This adds to the growing evidence that the UK Government is at best being half-hearted in its attempts to tackle this issue.
Further evidence for this claim can be found when you consider that only 5% of the UK Government’s announced investment into HMRC will be aimed at tackling tax avoidance. The context to this is of course the large budget reduction and cut in staff numbers already made to HMRC. More on this from the Times can be found here.
According to an investigation by the Times, offshore companies are exploiting a tax loophole which allows them to buy up some of the UK’s most expensive homes and avoid paying property stamp duty, inheritance tax and capital gains tax. More on this from the Times can be found here. The Times has done some excellent work on this issue over the last few months.
Figures from HMRC show that the number of people declaring an annual income of more than £1m fell from 16,000 to 6,000 after the previous 50p top rate was brought in. More on this from the Telegraph can be found here. What this statistic purports to show is though open to debate.
Final point on the tax avoidance and tax evasion debate. The claim that I have made on many occasions that tax for some, namely large companies and the wealthy, is becoming a matter of negotiation – almost voluntary in nature – seems now to be generally accepted. That is clearly what Starbucks think.
The Scottish Government has unveiled plans to reform stamp duty land tax in Scotland. The importance of this should not be underestimated. The Scottish Government must show that it has the competence to deal with tax matters. The signs so far are positive. More on this can be found here.
Now to matters slight further afield.
France’s Senate has rejected the Government’s 2013 Budget, which among other measures raised the marginal tax rate on annual income of over €150,000 to 45%, imposed a 75% “solidarity contribution” on income over €1m, and raised capital gains tax rates to match income tax rates. The Budget will though almost certainly be forced through by the National Assembly. More on this from Tax-news can be found here.
The Republic of Ireland Government has revealed its 2013 Budget. It introduces a new annual property tax of 0.18% on properties valued below €1m, payable by owners. More expensive properties will be taxed at €1,800 plus 0.25% of their value over €1m. Initially, and until 2016, owners’ valuations will be accepted. More on this from the Irish Times can be found here.
Finally to the USA. The US Internal Revenue Service has published guidance on calculating the new 3.8% tax on investment income, imposed to pay for President Obama’s universal health insurance plan. More on this from the Journal of Accountancy can be found here.
This has been a very interesting year for all those interested in tax and the wider Scottish tax and fiscal powers debate. I suspect that is not going to change in 2013. Best wishes to you and yours for 2013.
A lot has been written in the past dew weeks about the attitude of a number of international companies to paying UK corporation tax. This issue is though only one of a number of matters that needs to be addressed.
Is there the political will to reform the UK’s tax system? I would argue no. What evidence do I have for this?
1. The reluctance of the UK Government to address the paying of corporation tax by large international companies.
2. There is a lot of talk of tax simplification but the reality is very different. The new reduced rate of inheritance tax is but one example.
3. If the UK Government was serious about reforming the tax system we would be at least be debating publishing summaries of business tax returns and other ideas to increase transparency.
4. The introduction of morality into this debate does not help matters. A robust tax system should not need to rely on what is and what is not “moral”.
5. Fairness is though crucial. The perception is growing that tax for certain sections of our society is optional. This needs to be addressed as a matter of urgency. The fact that it is increasingly difficult to tell what is “tax avoidance” and what is “tax evasion” does not help matters.
6. The fact that the UK Government has allowed so many public sector people to be employed through service companies is nothing short of disgraceful. This added to the perception of a lack of fairness.
7. The UK Government seemed to immediately say it would not introduce a Financial Transaction Tax because it was a European proposal. The lack of a proper debate again added to the perception of a lack of fairness.
8. If the UK Government did care about the quality of UK’s tax system why have they made such deep cuts to HMRC’s budget and staff numbers.
This though is not just a UK Government matter.
It was reported a couple of months ago that a number of so-called celebrities were involved in schemes, perfectly legal, to reduce the amount of tax they paid. The furore, if that is what it was, did not last long. If the public do not seem to care too much about this issue then the UK Government might conclude it is not that important.
These issues apply just as much to the Scottish Government as further tax and fiscal powers reside in Edinburgh.
Let’s start with an issue that is at last beginning to reach the top of the political agenda, tax avoidance.
The UK National Audit Office has released a report suggesting that HMRC is being “overwhelmed” by the scale of tax avoidance, claiming that the UK is losing out by more than £10bn in lost tax revenue. The Comptroller and Auditor General, Amyas Morse, stated: “HMRC must push harder to find an effective way to tackle the promoters and users of the most aggressive tax avoidance schemes”. But according to the NAO, between 2004 and 2011 approximately 2,300 avoidance schemes were disclosed to HMRC. A report on this can be found on the BBC news website which can be found here. The NAO report can be found here.
That shows the scale of the problem.
Then there is the sight of a number of Chief Executives from several of the world’s top companies giving evidence to the House of Commons Public Accounts Committee on the issue of tax avoidance. Representatives from Google UK, Starbucks and Amazon were answering questions on tax arrangements for multinational companies. Their responses show how big business views this issue and interference by politicians. More on this from the BBC news website can be found here.
Also on this issue. The Managing Director of John Lewis, Andy Street has said that the failure to resolve the issue would risk driving UK firms out of business. Street’s comments were aimed at Amazon, which is accused of failing to pay the correct rate of UK corporation tax. He said that UK companies would be “out-invested” and “out-traded” by the US-based internet retail giant. More on this from the Telegraph can be found here.
There is also some evidence that HMRC is losing this “battle”. The European Court of Justice has ruled that the UK Government must refund several UK-headquartered multinationals up to £5bn worth of corporation tax. The companies, led by British American Tobacco, were found to have been treated unfairly by HMRC which retrospectively blocked tax refund claims dating as far back as 1973. HMRC said it was “very disappointed” at the ruling. Glad that it was not “happy”. More on this, again from the Telegraph, can be found here.
Then there is the tax tribunal decision in favour of the former Rangers Football Club. The decision of the first tier tribunal was not unanimous and HMRC is considering an appeal. More on this from the Scotsman can be found here.
An example of what HMRC is trying to do also highlights the scale of its task. HMRC has launched a taskforce to pursue landlords in the south east of England who fail to declare rental income. It is expected to recover £4m out of the estimated £550m of tax evaded annually by landlords across the UK. A press release from HMRC on this matter can be found here.
The statement from UK Business secretary Vince Cable sums up nicely the quandary for politicians. Cable has called for action against corporate tax avoidance but also stressed the need to encourage investment. He pointed to anger amongst small and medium sized businesses that multinational corporations are able to avoid tax without consequence. More on this from the Scotsman can be found here.
I liked this: “High-street shops turn fire on Amazon’s tax avoidance”. More on this can be found here.
Now to the fiscal powers debate.
Edward Troup, the person responsible for the collection of the Scottish rate of income tax at HMRC, has told MSPs that the Scottish Government would have to pay the costs of any changes to the Scottish rate of income tax. More on this from the Scotsman can be found here. This is in fact one of the reasons why I think a tax needs to be devolved in its entirety.
Also on this issue, and some sensible observations by Iain Gray, convener of Holyrood’s Audit Committee. Gray said that the Scottish Parliament must be able to exercise greater oversight of HMRC when the Scottish Parliament will become responsible for raising half the income tax in Scotland from 2016. More on this from the Herald can be found here.
The Devo Plus group, which was set up by Reform Scotland, has published its latest paper on further powers that could be devolved to the Scottish Parliament as long as Scotland votes NO. More on this from the Scotsman can be found here. The paper can be found here. Notable that the Conservative representative acknowledged that he was there in a personal capacity and not representing his party. Ruth Davidson has of course made her opposition to further powers clear. The problem with this approach is an obvious one. Can anyone say with a degree of certainty that major powers will be devolved to Scotland if Scotland votes NO. To see how far apart the opposing sides in the independence debate are have a look at one of my recent blogs. This blog lists the tax powers that Westminster has already said no to. My earlier blog can be found here. Even the Liberal Democrats, the party that historically has went the furthest on this issue, now wishes to devolve only a handful of additional tax powers.
Now to some commentary on the recent Institute for Fiscal Studies report on the economic possibilities of an independent Scotland. The excellent piece by Ian Bell in the Herald can be found here. The argument that Scotland’s oil wealth is a potential problem for Scotland is simply ridiculous.
The Times has reported that sales of homes valued between £2m and £5m in Greater London have fallen by 29% per cent in the third quarter, according to figures from the Land Registry. I was interested to read that “industry experts” have blamed the fall on changes to stamp duty land tax in the last UK Budget. London Central Portfolio, a high-end residential property investment fund, said: “The fall in transactions is almost definitely a result of the uncertainty and negative sentiment caused by the tax changes announced in the 2012 Budget”. It seems that uncertainty can be caused by something other than the debate on Scottish independence. The report in the Times can be found here.
And finally to France. The French Government has announced new measures against tax avoidance and fraud for companies and individuals. Failure to disclose the origin of offshore assets will attract an automatic 60% tax rate. The French tax authorities will also demand an explanation of all individual payments exceeding €200,000. Vive la France.
I have updated this blog as we now have updated “GERS” figures and the Scottish Labour party has published its interim “Devolution Commission” report. Its findings are similar to the Liberal Democrat proposal.
Although the Scottish Conservatives now appear to be moving towards arguing for the devolving of further tax powers there is as as yet no firm proposal from them.
Listed below are the taxes, duties and charges that Westminster has so far refused to pass control to the Scottish Parliament.
In bold are the additional powers the Liberal Democrats are putting forward for devolving. This information is from its “Home Rule Commission” published in October 2012.
In red are the additional powers the Scottish Labour party might argue for devolving. I say “might” as its report is an “interim” report only.
The figures are mostly from the “Government Expenditure & Revenue Scotland 2011-12” (GERS). The figures are included to give an idea as to the level of revenue produced by a particular tax and are a number of millions of pounds.
Taxes already devolved to be devolved under Scotland Act 2012
The Scotland Act 2012 also does not resolve the imbalance between the amount the Scottish Parliament is responsible for spending and which it raises. The Scotland Act 2012 only takes us to about a third.
Where to start.
In a speech to mark her first year as Scottish Conservative leader, Ruth Davidson outlined an aspiration to cut income tax by more than 1p when new powers come to Holyrood. More on this from the Scotsman can be found here. Now compare this with a survey that claims that three quarters of Scots think taxes should be raised for those with the highest incomes and wealth. More on the survey from the Herald can be found here. These stories show how Scotland, both the politicians and the general public, are beginning to wake up to the fact that tax is not necessarily just a UK matter.
The Scottish Government has backed the latest call for control over air passenger duty to be passed to the Scottish Parliament. This is a matter worth remembering when you hear comments from the NO campaign on how they “hope” to give the Scottish Parliament further powers. Let’s not forget how few tax powers are included in the latest Scotland Act. It is “Calman minus” just as the Liberals recent Home Rule Commission is “Steel minus”. More on this can be found here.
First it was Rangers now it is Hearts that is in trouble with HMRC. The surprise is no-one is surprised. Hearts owe HMRC approximately £500,000 in unpaid tax. More on this from the Scotsman can be found here.
The UK Government seems to be doing a fair bit of thinking just now which is always worrying.
The UK’s Chancellor of the Exchequer, George Osborne, has called for a change in international tax standards to reflect changes in business, such as the rise of e-commerce, which makes it easier for companies to shift taxation away from jurisdictions where profit is being generated. More on this from the Guardian can be found here. In addition, Danny Alexander, the Chief Secretary to the UK Treasury, has pledged to crack down on corporate tax avoidance following revelations that the supermarket chain Asda may have used overseas transfers to its parent company Walmart to avoid up to £250m in tax. More on this from the Times can be found here. Lots of words but can we expect real action?
The Chief Executive of HMRC, Lin Homer, has been put under pressure by the UK Treasury Select Committee to explain why multinationals have been allowed to pay less tax than small businesses in the UK. The Comptroller and Auditor-General of the National Audit Office, Amyas Morse, said that large companies often put pressure on HMRC by threatening to pull out of the country altogether. More on this from the Times can be found here. A connected story from the Daily Mail and involving Margaret Hodge, chairman of the UK Public Accounts Committee, can be found here.
Under “road charging” proposals being considered by the UK Government, motorists could face a new two-tier system in which drivers would pay a lower rate of tax if they do not use the UK’s trunk road network. Have any of the UK media outlets considered the fact that this is also a matter for the Scottish Parliament? Of course not. The new system would comprise a basic charge for the use of local roads, and a secondary charge for those motorists wanting to use motorways and A-roads. More on this from the Guardian can be found here.
Is it just me or is it really the case than almost every change in the law is met with the accusation that it breaches some part of EU law? The latest example is the UK Government’s planned changes to child benefits. The UK Treasury has dismissed the claims by the Institute of Chartered Accountants of England and Wales. More on this from the Telegraph can be found here.
David Gauke, Exchequer Minister to the UK Treasury, has argued that HMRC needs to pay more to recruit the best tax experts in order to combat tax avoidance by major multinational companies. Edward Troup, Director-General for Tax and Welfare at HMRC, welcomed the proposal, saying: “I think it’s on the record now to have more staff and higher pay”. More on this from the Times can be found here. This is an issue that we in Scotland will also have to respond to when setting up our own tax system.
It is often claimed that that the UK Government favours London and the south-east of England. This is another such claim. The UK Communities Secretary, Eric Pickles, has faced criticism from property groups and retailers after his announcement that a revaluation of business rates has been pushed back to 2017. The British Property Federation said that it was unfair to expect tenants to continue to pay a levy based on “top-of-the-market” 2008 rents. The UK Government argues however that a revaluation would lead to rate increases for many businesses, especially in the south-east. More on this from Accountancy Age can be found here.
Now to a story that keeps bubbling up to the surface and clearly is not going away. First it involved government officials such as the head of the Student Loans Company, then it was the BBC now it is teachers. HMRC has said that supply teachers hired via recruitment agencies using off-shore firms are causing a shortfall in National Insurance contributions. An HMRC spokesman said: “These kinds of arrangements are not compliant with tax and National Insurance legislation and the end client, or the employment businesses, may be liable for any underpaid tax and National Insurance”. More on this from the BBC news website can be found here.
Anyone who regularly looks at HMRC press releases will see HMRC increasingly publicising stories such as this. An Isle of Wight tax advisor who stole £52,000 by claiming tax repayments using his clients’ names was jailed today at Newport Crown Court. The press release from HMRC can be found here.
Let’s end with matters slightly further afield. Hong Kong has imposed a 15% emergency tax on foreign buyers of residential property in an attempt to hold back the island’s property bubble. Stamp duty for short-term speculators has also gone up from 15 to 20%. Similar measures have been imposed by the Singaporean Government. More on this from the excellent STEP Journal can be found here.
One last point. Patriotism takes many forms and that includes paying your taxes.
Have a good week.
I would recommend this book to any solicitor in Scotland that deals with trusts. Rennie Galbraith has produced a much needed second edition of his drafting guide. It is published by W.Green.
I particularly liked the section on the use of Scottish terminology and the influence of English law on Scottish trust law.
“The influence of English law and practice of trust is still extremely prevalent today and certainly at a more than superficial level. The reasons for this do not reflect well on the Scottish legal profession, those responsible for teaching the profession or those responsible for Scottish legislation. English terminology abounds and, as a result principally of “English” legislation, which refers to “settlors” rather than “trusters” and “trusts with interests in possession” rather than “liferent trusts”. The vast bank and array of trust taxation law tends to use English terminology. Indeed, the trust law relating to charities could be described as almost a complete transplant of English law to the law of charities in Scotland”.
Where to start? There is so much happening just now it is difficult to keep up. It is though a fascinating time to be living in Scotland.
The signing of the Edinburgh Agreement ends the “phoney war”. So besides this historic agreement what else has been happening?
Let’s start with the publication of the report by the Liberal Democrats Home Rule Commission. The report can be found here. There are a number of problems with this report. The first is the likelihood of the Liberals being part of and having a major influence in a future UK Government. At best the Liberals will form part of a UK coalition government where they will be a junior partner. Even if they were to persuade the senior party to implement their plans the Scottish Parliament would not see any new powers until at best 2020.
Then there is the accusation: why should anyone take the Liberal Democrats seriously on tax and fiscal powers? The Liberal Democrats are in power just now and all we have is “Calman minus”. They are not even devolving control over the Crown Estate in Scotland and that is party policy.
Then there is the report itself. The report barely goes beyond Calman. Inheritance tax is to be devolved and also some parts of capital gains tax. This report does not even go as far as their last fiscal powers report, the “Steel Commission”.
One last point. It must be remembered that the Liberals have historically been willing to go further than the other main UK parties on devolving power to Scotland and the Scottish Parliament. The Steel Commission report provides evidence for this argument. What their latest report shows is that the Liberals are moving away from devolving serious tax and fiscal powers to the Scottish Parliament. That is disappointing and makes you wonder. If this is all the Liberal Democrats are offering what will Labour or the Conservatives come up with?
The answer to that question is likely to be not much. Johann Lamont has finally announced the membership of her “further devolution commission”. What is the likelihood of this commission coming up with a proposal close to “devo max” or even “devo plus”? Almost none. Why? Remember the struggle to persuade the Labour party to legislate the Calman proposals. Think of how few powers are contained in the Scotland Act. Think of the reaction to senior Labour party members to any call for further tax and fiscal powers to be transferred to the Scottish Parliament. Think of Alistair Darling’s recent comments and in fact of any Labour MP who talks on this subject. An article from the BBC news website on the Labour party’s commission can be found here.
Then there is the Conservative party. It is clear that most Conservatives see the European Union debate as the main debate. Scotland is but a side show. The idea of a “Constitutional Convention” is laughable. It simply means, let’s kick this matter into the longest of long grass for another generation. Ruth Davidson has already got her retaliation in first and stated that corporation tax or welfare powers should not be devolved. In any case, this convention won’t even see the light of day in any meaningful way until after the referendum. Does anyone actually believe that the Conservatives will even consider any further powers for the Scottish Parliament if Scotland votes No?
Staying with the Conservatives, Boris Johnson, the Mayor of London, seems to be everywhere these days. That includes arguing for greater powers for the London Assembly. Johnson has asked George Osborne, the UK Chancellor of the Exchequer, for London to be allowed to retain any stamp duty raised on property sales. Johnson argued that London inhabitants face higher tax rates than households elsewhere in the UK, and would use the taxes to fund house building and regeneration schemes. More on this from the Telegraph can be found here.
The BBC is to offer staff contracts to some of its biggest names in a U-turn after months of accusations that it is enabling tax avoidance. It is claimed that up to 25,000 people employed at the BBC do not pay tax at source. More on the U-turn by the BBC can be found here and on the background to this story here.
I was interested to see that the Labour party at its recent conference proposed to reinstate the 50% top rate of income tax and apply a two year suspension of stamp duty on properties worth less than £250,000. I wonder if they realize that these will be matters for the Scottish Parliament to decide as a result of the Scotland Act by the time the next UK general election takes place.
The UK Government is seemingly intensifying its attack on tax planning by corporations and wealthy individuals. Extra measures include a 50% expansion of HMRC’s High Net Worth Unit, more resources for the Liechtenstein Disclosure Facility and a new policy of refusing to award government contracts to companies that use “aggressive tax avoidance” schemes. More on this from HM Treasury can be found here. When thinking about this it is worth also reading about Starbucks. Two House of Commons committees are due to question tax officials about how Starbucks has been able to avoid paying tax on £1.2bn of sales since 2009. More on this from the Guardian can be found here.
Plans put forward to add an additional fee to visitors’ hotel bills have been abandoned by the City of Edinburgh Council in response to objections from business leaders. The Council planned to reduce its spending on festivals, events and promotional initiatives by setting up a “transient visitor levy”, aimed at raising more than £3m a year. More on this from the Scotsman can be found here.
The McLaren Formula One team have successfully argued that a £32m fine they paid after a 2007 Ferrari spying controversy should be tax deductible. McLaren had argued the fine was not a statutory penalty but one incurred under Formula One rules, making the fine a business expense. HMRC disagreed but a tax tribunal has found in favour of McLaren. More on this from the Telegraph can be found here.
Now to an old favourite, a Financial Transactions Tax. European Union Tax Commissioner Algirdas Semeta says he is now sure there are enough Member States to force through an EU wide Financial Transactions Tax. Portugal, Italy, Greece, Spain, Germany, France, Belgium, Austria, Slovenia, Estonia and Slovakia have committed to this new source of new revenue. A press release from the European Commission on this can be found here. The UK Government has also confirmed its opposition to a Financial Transactions Tax. More on the UK Government’s stance can be found here. This issue provides further evidence of the growing disengagement with the European Union by the UK Government.
Germany’s Roman Catholics are to be denied the right to Holy Communion or religious burial if they stop paying a special church tax. Can you imagine this happening in Scotland? An article from the BBC news website on this can be found here.
The French Government is to revise its 2013 Budget proposal to raise the entrepreneurs’ rate of capital gains tax on equities from 19% to 45%. The retreat follows a campaign against the tax by an organised group of business owners called Les Pigeons (‘The Mugs’ or ‘Suckers’). An article on this from Reuters can be found here.
Let’s end with a story from America. It seems that Chinese immigrants are less keen on an American passport. Citizens of the People’s Republic of China who emigrate to America used to apply for US citizenship as a matter of course, but now America’s world wide taxation policy is making some of them regret it. An article on this story from the South China Morning Post can be found here.