A fascinating time in “tax land”

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.

 

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