Taxation: International Companies

Tuesday 23rd October 2012 Lords Chamber

Question

15:02

Asked By

[Lord Harries of Pentregarth]

To ask Her Majesty’s Government what steps they are taking to ensure that international companies pay a fair proportion of United Kingdom tax.

[The Commercial Secretary to the Treasury (Lord Sassoon)]

My Lords, the vast majority of taxpayers pay the right tax at the right time. However, the Government are alert to the risk that some companies may try to structure their tax affairs so that profits from UK-based economic activity are not taxed here. The UK has specific tax rules to combat tax avoidance by international companies and fully supports the Organisation for Economic Co-operation and Development initiative on base erosion and profit shifting, which has been endorsed by the G20.

[Lord Harries of Pentregarth]

My Lords, I am very glad to hear that the Government are alert to the situation of international companies, but would the Minister agree that, when they are being assessed for tax purposes, they should be required to reveal every country in which they are operating and the tax they pay in each country, with full financial details of their own company and link-companies? In addition to insisting on this for UK purposes, would the Government be prepared to work for an international agreement so that all transnational companies were required to give a fully transparent country-by-country report for any country in which they operated?

[Lord Sassoon]

My Lords, I certainly agree with the underlying premise behind the noble and right reverend Lord’s question, which is that there is still a lot more work to be done in this area. The international tax architecture was developed in an age of fixed factories and plant and machinery, with much less interconnectedness. Now we live in a connected, corporate world in which internet commerce and so on make it much more complex. That is why the OECD is again looking fundamentally at whether countries have the right weapons, whether it is tax treaties, under which the exchange of information would come; transfer pricing; aggressive tax planning; or harmful tax practices. I certainly agree that tax information is important to that but, as far as the authorities are concerned, that really comes under the tax treaties and the work that the OECD will be looking at.

[Lord Barnett]

Does the Minister accept that the Prime Minister’s, and indeed the Chancellor’s, definition of aggressive tax avoidance needs clarifying? In any case, does he accept that all tax avoidance schemes are always one step ahead of the Treasury and the Inland Revenue? Would it not be sensible and simple—all past Governments have always refused to do this—to have simple legislation to say that any tax avoidance scheme has to be approved by HM Treasury? Would that not solve the problem?

[Lord Sassoon]

The noble Lord, Lord Barnett, always wants me to be clear and simple, so the answer is no to his first two questions. On the third question, he has an underlying, quite proper, concern, which is why the work that Graham Aaronson has done for the Government on a general anti-avoidance rule, the so-called GAAR, is a very important part of ongoing work.

[Lord Campbell-Savours]

What are the Government going to do about Starbucks and its transfer pricing arrangements?

[Lord Sassoon]

My Lords, the noble Lord does not expect me for one moment to start commenting on the tax affairs of any individual taxpayer. As a general response, it may interest the House that the 800 or so largest companies that come under the large business service of HMRC to be assessed pay £136 billion in corporation tax, PAYE and VAT each year. Almost 50% of that tax comes from foreign-owned businesses, so I do not think we should have in mind that foreign-owned companies as a group are somehow doing something that we have to be vigilant about. We must keep this in proportion.

[Lord Avebury]

My Lords, do the OECD rules apply to internet-based companies, such as Amazon, and when will they come into effect?

[Lord Sassoon]

My Lords, a series of measures has been agreed internationally through the OECD over many years. The fiscal affairs committee of the OECD is having a new look at this, and this work was endorsed by the G20 at the Los Cabos meeting in June, to get those rules into a fit state for the 21st century. They are the rules that govern the relationships between countries and the base on which all companies should operate their tax regimes, but they need to be modernised.

[Lord Davies of Oldham]

My Lords, in responding to an earlier question, the Minister said that there was much work to be done in this area. Who is to do it? What is the point of the Government cutting Inland Revenue staff when there is so much work to be done? Staff concerned with revenue collection can collect 30 or 100 times the annual salary they receive.

[Lord Sassoon]

I am very grateful, as I often am, for the question asked by the noble Lord, Lord Davies, because it enables me to tell the House, as I have done before, that £900 million has been reinvested in the compliance activities of HMRC precisely because we need to do more work to attack avoidance, evasion and criminal attacks on the tax system. Compliance revenue has more than doubled in six years so that by 2014-15 an additional £7 billion per annum will be coming in. The noble Lord’s concerns are quite right, and this Government are very actively on the case.

[Lord Campbell-Savours]

My Lords, the Minister did not answer my question on transfer pricing, which is the mechanism used to avoid paying corporation tax. Why will he not answer my question?

[Lord Sassoon]

Because, forgive me, there are other Peers wanting to get in. I completely agree with the noble Lord that transfer pricing is one of the most serious areas that need to be looked at, which is precisely why each one of those 800 large companies has a dedicated tax professional looking at this area. The focus on transfer pricing has meant that in the past four years £4 billion has been recovered precisely by going after transfer pricing schemes. On average, £1 billion a year is coming in through effective action.