Tax Avoidance

Charlie Elphicke Excerpts

Wednesday 11th February 2015 Commons Chamber

[Shabana Mahmood]

I am grateful to the hon. Gentleman for his intervention. He and I have had a number of discussions on the airwaves about these issues, given that the Government have failed to field any Ministers to debate on those media channels. He has been doing a grand job of trying to defend the indefensible, but he is quite wrong. The central point in what we have discovered about HSBC this week is that the data with evidence of what had happened with tax avoidance and tax evasion were handed over by the French authorities to this Government in May 2010. That is the central point: that is the point at which we had evidence of wrongdoing that needed to be acted on, but that is not what happened.

[Charlie Elphicke (Dover) (Con)]

Is the hon. Lady’s case that Ministers should have direct and executive responsibility and decision-making powers over how and when Her Majesty’s Revenue and Customs should prosecute and collect taxes in specific taxpayers’ cases? Yes or no?

[Shabana Mahmood]

The hon. Gentleman is completely missing the point about the debate we have been having this week about the HSBC affair. As I said in answer to the intervention from the hon. Member for Wyre Forest (Mark Garnier), we know that data with evidence of tax avoidance and tax evasion were handed over to the Government in May 2010. That raises serious questions about due diligence and the appointment of Lord Green, the man in charge of the bank at the time, as a Minister in this Government only eight months after the data were handed over. Nobody on the Government Benches has answered the point about why that happened, and I hope that the Minister might try to answer some of those questions today.

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[Shabana Mahmood]

I am going to make a little progress; then I shall give way again.

The famous Swiss deal between the UK and Swiss Governments in 2011 came into force on 1 January 2013. Ministers told us it would mean that British domiciles would start to be taxed on their banking deposits in Swiss institutions and raise £3.12 billion. We are now told that this has raised just a fraction of that amount—just £873 million, or a shortfall of £2.247 billion.

The Government have increased opportunities for tax avoidance. We know that the Office for Budget Responsibility has warned that the Government’s shares for rights scheme could open a tax avoidance loophole costing hundreds of millions of pounds. On page 52 of the policy costings section of the 2012 autumn statement, the OBR states:

“It is hard to predict how quickly the increased scope for tax planning will be exploited...this could be quantitatively significant as a quarter of the costing already arises from tax planning”.

I have to say to the Minister that it is one thing to have to close loopholes that have been an unforeseen consequence of legislative change, but quite another to make changes in the full knowledge that they will lead to a loss in the tax take.

[Charlie Elphicke]

Not so long ago, the Opposition opposed the Government measure on disguised remuneration, effectively a tax anti-avoidance measure taken by this Government in relation to hedge funds. Why did the Opposition do that?

[Shabana Mahmood]

I am surprised the hon. Gentleman has not done his homework. If he were to read the debate on that measure in the Finance Bill Committee, he would know that concerns were raised about the effectiveness of the initial draft legislation put forward by the Government. In fact, the Government had to table 100 amendments to their own legislation at the last moment on Report before the Bill became law. At the time, the concern was that nobody even understood what the impact of those 100 amendments would be. That is why the Opposition took that view at that time. If all the issues relating to the 100 amendments were remedied, of course we would support the thrust of that measure, but that was a technical issue discussed in Committee. The hon. Gentleman does himself no favours by not knowing the detail, given how much of an interest he takes in Finance Bill Committees and how much I have enjoyed debating with him in those Committees.

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[Shabana Mahmood]

There are real questions to be answered about how HMRC conducts its investigations and the rigour with which it pursues its different investigations. These take place, of course, within the context of legislation set by this Government, so ultimately these are matters for the Government. It is also the Government who decide on the amount of resources HMRC gets to do its job—an issue that I have discussed with the Minister on a number of occasions.

Fundamentally, the failure to act is symptomatic of the Government’s failure to tackle abuse within the tax system. That is why people are losing faith in it. Our motion sets out what we would do to restore that faith in the system. First, we have said that we will introduce penalties for those caught by the general anti-abuse rule, which is supposed to catch those who set up abusive schemes—the most egregious forms of abuse. However, there is currently no penalty scheme association with the so-called GAAR, which lacks teeth.

A Labour Government would introduce a tough penalty regime with fines of up to 100% of the value of the tax avoided. That will provide a tough and genuine deterrent to those who try to abuse the system and avoid paying their fair share of tax. [Interruption.] The Minister says from a sedentary position that the Government are now consulting on whether to have a penalties regime for the GAAR—but only after we announced our policy that we would have such a regime.

The truth is that when the GAAR was introduced, there was a huge amount of discussion and a review was carried out for the Government, with lots of academic work done on whether or not we should have a general anti-abuse rule in this country. The Government could and should have introduced penalties immediately. Where they have failed to act, we will act.

Secondly, the quoted eurobond exemption is used legitimately by many companies to raise finance on the international bond market, but it is also abused by some companies to shift profits out of the UK into tax havens, and so reduce the amount of corporation tax they pay. HMRC itself identified the problem, but the Government failed to act. Again, where they failed to act, we will act.

[Charlie Elphicke]

rose—

[Shabana Mahmood]

I will not give way; I want to make some progress. Thirdly, we have had much discussion relating to—

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[Shabana Mahmood]

At the risk of repeating our previous debate about the quoted eurobond exemption, I said at the time that I was fearful that the Minister was patronising me. He assured me then that he was not, and I take that point on board again. I have not taken the Minister up on his offer of a meeting and I have no intention of doing so. The HMRC’s proposal for closing down the exemption on which the Treasury consulted involved instances in which there was no regular or substantial trading of the bonds in question.

We all accept that there is limited liquidity for many legitimate eurobond issues, so such a criterion would be difficult to put into operation. However, we propose to explore the possibility of removing the exemption when bonds are issued to connected persons. We are making a substantially different offer with the aim of closing a loophole that everyone knows is being abused, and on which the Government have failed to act. I should be happy to meet the Minister and talk to him about how we propose to close down the eurobond exemption. I do not have access to the same officials as he does, but I do have another way of closing down that exemption.

[Charlie Elphicke]

Will the hon. Gentleman give way?

[Shabana Mahmood]

I will not, because I am going to make some more progress.

Thirdly, we have said that we will prevent hedge funds that are avoiding stamp duty on shares from being able to do so. Hedge funds currently avoid stamp duty by not buying the shares directly; instead, they get intermediaries to buy them on their behalf. Those intermediaries are investment banks, which benefit from tax relief on stamp duty. The hedge funds then enter into a contract for difference with the banks, which means that they benefit from changes in the share prices without holding the shares directly. That is an exploitation of intermediaries’ relief by hedge funds.

We have had a great deal of discussion about hedge funds in the past few days. I note, in particular, that during Prime Minister’s Question Time today, the Prime Minister did not address the point of the relief that is being abused. He wanted to get involved in a debate about who had introduced the relief, rather than about the fact that it is currently being abused by hedge funds. We have said that we will stop the practice, but we hear nothing from the Government about what they intend to do about an issue of which they too are fully aware.

Fourthly, we will take forward proposals that we were developing in government to deem construction workers to be employed for tax purposes if they meet criteria that most people would regard as obvious signs of employment. That would reverse the Government’s decision to abandon these measures, thereby dealing with a major cause of avoidance in the construction sector.

Finally, we would scrap the Government’s shares for rights scheme, which allows individuals to trade key employment rights for shares in a company. The policy has received widespread criticism. Writing in the Financial Times, Paul Johnson of the Institute for Fiscal Studies has said:

“just as concern over tax avoidance is at its highest in living memory, just as government ministers are falling over themselves to condemn such behaviour, that same government is trumpeting a new tax policy that looks like it will foster a whole new avoidance industry. Its own fiscal watchdog seems to suggest that the policy could cost a staggering £1 billion a year, and that a large portion of that could arise from ‘tax planning’.”

Labour will scrap the shares for rights scheme and redeploy HMRC resources to other areas where they are greatly needed.

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[Mr Gauke]

The first point to make is that it is a matter for HMRC to challenge in accordance with the law, and taxpayer confidentiality applies. As a Minister, I do not get involved in individual cases.

Furthermore, if we want to address broader matters—I am not talking about any individual company here—and if the hon. Gentleman wants to address the issue of businesses carrying on activities here but not paying taxes here because they do not have a permanent establishment, the diverted profits tax is just the measure he should want. It is designed to address that issue.

I say again that I am not talking about the specific case, but in general the measure deals with circumstances in which contrived and artificial arrangements are made so that a business manages to misuse, if you like, the permanent establishment rules. The hon. Gentleman raises an interesting point, but the Government are already dealing with it.

[Charlie Elphicke]

I welcome the diverted profits tax. Does my hon. Friend agree that there is a double problem, which is partly the European Union rules, particularly the parent-subsidiary directive, which makes tax avoidance all too easy, and partly the fact that international tax law is out of date? It was set in the 19th century, is no longer fit for purpose and needs to be updated and modernised, which is what the Chancellor of the Exchequer and the Prime Minister have been working on.

[Mr Gauke]

I agree with my hon. Friend, who brings great expertise on these matters to the House. There are constraints with regard to European law as to precisely what measures can be undertaken, and he is right to say that the international tax system needs to be modernised. The strongest voices calling for that happen to be those of the Prime Minister and the Chancellor of the Exchequer.

Under the UK’s presidency of the G8, we called for a new global standard of automatic tax information exchange. Endorsed by the G20, this marks a step change in the ability of Governments to tackle tax evasion. It will rapidly remove the remaining financial hiding places. The common reporting standard instigated by the UK along with our G5 partners—France, Germany, Italy and Spain—has seen over 90 countries and jurisdictions, including all the UK’s Crown dependencies and overseas territories with a financial centre, commit to automatic exchange of information, with the first exchange in 2017 or 2018. This will give HMRC access to information on billions of pounds worth of assets held offshore.

On Switzerland, our agreement has so far raised over £1.2 billion that would otherwise have remained beyond our reach. I think the hon. Member for Birmingham, Ladywood referred to £900 million. That is almost two thirds of the £1.9 billion that the latest forecasts expect it to raise. HMRC has contacted more than 22,000 of the 25,000 people who agreed that their accounts could be disclosed to HMRC and time is running out for those who continue to hide.

The Government have been tough on avoidance and evasion, both here in the United Kingdom and on the international stage. The measures that we have taken so far in this Parliament to tackle aggressive tax planning, avoidance and evasion add up to £7.6 billion in additional revenues in 2015-16. Do the Opposition think their proposals can get anywhere near that sum? As a result of the actions that we have taken, it is now much harder for avoiders and evaders to cheat the system and get away with not paying what they owe. Our multilateral agreements are systematically removing the remaining international hiding places. As a result, HMRC is collecting more tax than ever before, supporting our public services and helping this nation get back on its economic feet, because that is how we get a fair and balanced economic recovery for all.

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[Charlie Elphicke (Dover) (Con)]

It is a real pleasure to follow the hon. Member for Bishop Auckland (Helen Goodman), who always makes such fascinating and interesting speeches and observations—[Interruption.] Indeed—and colourful, as well.

I want to draw attention to the incredible amount of historical revisionism we have seen in the debate. It is worth looking back first at what happened in the 13 years before this Government came to office. In those years, the Labour party was very taken with its prawn cocktail offensive and allowed a culture of industrial-scale tax avoidance to grow. We can see it in the figures. During Labour’s time in office, income tax rose by 81% whereas non-oil corporation tax receipts rose by just 7%. Under the previous Conservative Government, between 1986 and 1997, income tax receipts rose by about 79% whereas non-oil corporation tax receipts rose by a stunning 144%. If anybody wants to see more receipts and more money coming in from business, they should send for the Conservatives. We have seen that happen again in this Parliament. Income tax receipts have gone up by 11% whereas non-oil corporation tax receipts have gone up 16%. Again, business tax receipts have outstripped income tax receipts.

[David Mowat (Warrington South) (Con)]

Those points are important, but capital gains tax is equally important. As the hon. Member for Redcar (Ian Swales) said, this Government’s rates change on business assets—from 10% under the previous Government to 28%—is huge and has made a massive difference in the number of millionaires that are being created.

[Charlie Elphicke]

That is indeed a huge change. The Government have also supported entrepreneurs with entrepreneurs’ relief, which I greatly welcome.

Under this Government, the tax gap for 2012-13 is lower as a percentage of tax receipts than in any year under the previous Labour Government. Tax yield for HMRC has gone up by £7 billion since 2010-11. The Government have been very effective at dealing with the tax gap and bringing in receipts. The corporation tax gap for large businesses in 2009-10 was £2 billion, whereas in 2012-13 it was lower, at £1.8 billion. We see a lot of revisionism from Labour, but when it came to getting money through the door they had an atrocious record. The Conservative party and this Government have had an effective record. Why? We understand that to up the take one must cut the rate. That is what the Government have done with corporation tax, with massive success.

Let me draw attention to another problem with the Labour party: its proposals are completely and utterly muddled. Labour talks about UK overseas territories that do not have a public central register for offshore companies being on some sort of OECD blacklist. The only problem is that countries such as America, Luxembourg, Ireland and the Netherlands and a whole stream of other countries do not do that. The chances of getting the OECD nations that do not do that to agree to blacklist a whole lot of other nations that do not do it are minimal, and that shows the absurdity of the Labour position.

[Mark Garnier]

A further absurdity of the Labour position is the comments that have been made about tax havens. In the talk about subsidiaries in so-called tax havens, how we define a tax haven was not mentioned. It is a relative thing. Many people look to the UK as a tax haven, yet there are plenty of banks in the UK that nobody would suggest closing down.

[Charlie Elphicke]

My hon. Friend makes a powerful point. If I wanted to avoid tax on an industrial scale, I would not use the Channel Islands. I would use the European Union: I would use Luxembourg, Ireland and the Netherlands—and, goodness me, that is exactly what happens. Why? Because European Union tax rules are structured to enable that to happen. Labour did nothing in their years in power to deal with the massive problems of the European Union and the nature of the parent-subsidiary directive. They should be ashamed of themselves. Nor did they do anything to deal with the problems of international tax avoidance. Companies such as Starbucks, Amazon, Google and Apple—the list goes on—pay hardly any tax in this country because the tax rules were set up in the 19th century and are not fit for purpose.

In the past decade, the previous Government did nothing at all on this. They were utterly asleep at the wheel. They were in denial. They were too busy snuggling up to businesses to hold them to account. They did not make the case for reform of the international tax rules. What have this Government done? They have made the case internationally to the OECD. This Chancellor and this Prime Minister have said that the rules for branch and tax presence are out of date and need to be updated. The rules on transfer pricing and many other international tax rules are out of date and not fit for purpose in the internet age. They need to be updated. It is this Government who have made the running, not just here at home but internationally. It is this Government who have introduced the diverted profit tax and are seeking to deal with this enormous problem.

As for Labour’s other ideas, they are hopelessly muddled. Who was it who brought in the stamp duty reserve tax on share transfers? My recollection is that it was the previous Labour Government. Now they are saying it is all a terrible mistake. What about the issue of the stamp duty reserve tax and schedule 19? They say it is a relief for hedge funds, but they do not understand that a hedge fund could not actually use this relief. This is another Labour pension tax. We in this House know about Labour’s pension taxes, their attack on thrift, on savings, on the savings culture, and the undermining of anyone who wants to take personal responsibility. This proposal is another attempt at a pensions tax. Again, we see Labour coming to this House with an Opposition day debate, claiming to be concerned about tax avoidance when their record in government suggests the complete opposite. The record of this Government suggests a very strong approach. Labour’s policies and proposals are completely and utterly muddled.

This Government have a strong record that I am proud of. I am proud of what we have done. I am proud of the fact that we have ensured that those who have been gaming the system are increasingly being brought to book. I am ashamed of what the previous Government did and ashamed of the Opposition coming to the House and talking the way they do, when they had such a shocking and disgraceful record in office.