Tax Avoidance and Evasion Debate

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Department: HM Treasury

Tax Avoidance and Evasion

David Gauke Excerpts
Wednesday 13th April 2016

(8 years, 7 months ago)

Commons Chamber
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David Gauke Portrait The Financial Secretary to the Treasury (Mr David Gauke)
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It is a great pleasure, for the second time this week, for the Government to be able to inform the House of how much more we have done than the previous Government to tackle evasion, avoidance and aggressive tax planning and to become a world leader in tax transparency. In 2010, we inherited a situation in which no one could find out who really owned a company in the UK or find out the details of a London property if it was owned by a foreign company. Not only were the international rules governing multinational companies out of date, allowing the tax base to be eroded and profits to be shifted, but there was no attempt to bring those rules up to date. Nor was there any sign that those matters were going to change. Loopholes, secrecy and concealment are the issues that we are sorting out, not only through what we are doing in the UK but through our firm and decisive action overseas.

John McDonnell Portrait John McDonnell
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I want to clarify something that the Minister just said. Can he confirm that, under his proposals, members of the public will not have access to the register of beneficial owners of companies and trusts in overseas territories or elsewhere?

David Gauke Portrait Mr Gauke
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Let me tell the hon. Gentleman precisely what I just said. In 2010, no one could find out who really owned a company in the United Kingdom. From June, we will be publishing a public register of beneficial ownership. What is more, HMRC could not find out who owned a company based in an overseas territory. As a consequence of the agreements we have reached this week, HMRC will be able to do exactly that. That is evidence of the progress that has been made under this Government, and that was not the case under the previous Government.

Clive Efford Portrait Clive Efford (Eltham) (Lab)
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As my hon. Friend the Member for Hayes and Harlington (John McDonnell) pointed out, we have had lots of honeyed words from the Government about how they are going to deal with this matter. However, is that not belied by the fact that they appointed someone as the executive chair of HMRC who thinks that taxation is “legalised extortion”? Does that not demonstrate the attitude that exists in this Administration?

David Gauke Portrait Mr Gauke
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It is unfortunate that the hon. Gentleman seeks to smear a public servant who has served Governments of—[Interruption.] Let me make this point. This is someone who has served Governments of both colours and with whom I have worked extensively over six years. He has been and is determined to do everything he can to ensure that our tax laws are properly enforced and deal with avoidance and evasion. I suggest to anyone who throws around one line from an article written in 1999 that they look at the entire thing, because his argument is about properly addressing tax avoidance by ensuring that we get the law right. It is unfortunate when accusations are thrown around about dedicated, impartial public servants.

John Glen Portrait John Glen (Salisbury) (Con)
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I pay tribute to my hon. Friend’s work over several years in dealing with some of these issues. Will he comment on the fact that this country now has the smallest gap on record between tax owed and tax paid? That is the real story about this Government’s efficiency in dealing with tax collection and the difficulties in the system.

David Gauke Portrait Mr Gauke
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My hon. Friend is right. The reality is that the tax gap, as a percentage of tax revenues, has fallen considerably over the past six years, which is testimony to the effort put in by not only this Government but HMRC. Bringing the tax gap down involves considerable challenges, such as tax evasion, tax avoidance, and inadvertent error on the part of taxpayers, which does happen from time to time as I am sure all hon. Members will recognise. We are determined to do what we can do improve and strengthen our systems. I am grateful for the opportunity today to make progress on that.

Robert Jenrick Portrait Robert Jenrick
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Will the Minister emphasise the point about the tax gap? One of the most relevant measures is the tax gap specifically for those paying corporation tax. It was rising when the coalition Government came to power in 2010 and has fallen by almost 50% over the past six years, which is a major achievement.

David Gauke Portrait Mr Gauke
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My hon. Friend is right that the tax gap in the context of large companies and tax avoidance as a whole have fallen strongly. There is of course always more that we can do, so let me take this opportunity to set out some of those steps.

Clive Efford Portrait Clive Efford
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Will the Minister give way?

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David Gauke Portrait Mr Gauke
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I will give way to the hon. Gentleman, but I stand by the point that he has sought, not for the first time, to attack an impartial, dedicated public servant, who cannot answer back, by selectively quoting an article written in 1999. I have set out to the House the context in which that article was written. It is clear that this is someone who believes that the law should be properly enforced and who has a record over many years of doing precisely that.

Clive Efford Portrait Clive Efford
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I am grateful to the hon. Gentleman, but he accused me of smearing this individual when I was actually quoting him word for word. He went on to say that tax is legitimised

“only to the extent of the law.”

If the bar is set too low, fewer people will pay tax and more will be able to avoid it. My point—I stick by it—is that this Government’s attitude towards tax avoidance is lax and their words are more honeyed than their actions.

David Gauke Portrait Mr Gauke
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This is a Government that closes loopholes year in, year out, whose actions led to the OECD work on base erosion and profit shifting, that have given more powers to HMRC, that have seen a significant fall in the tax gap, particularly in the context of avoidance, and that have a proud record on dealing with tax avoidance, tax evasion and with all abuses in the tax system.

Huw Merriman Portrait Huw Merriman
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This Government, via HMRC, have raised £2 billion since 2010 from offshore tax evasion. Does that not demonstrate that this Government ensure that the tax that should be paid is paid?

David Gauke Portrait Mr Gauke
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That is absolutely right. I should make some progress with my speech, because it sets out what we have done and what we continue to do.

None Portrait Several hon. Members rose—
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David Gauke Portrait Mr Gauke
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I say that I should make some progress, but I look around the House and everybody is standing up. I will give way to the hon. Member for Foyle (Mark Durkan).

Mark Durkan Portrait Mark Durkan (Foyle) (SDLP)
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I thank the Financial Secretary for giving way. He referred to the Government’s record, but that record also includes changes to the controlled foreign companies rules, which in effect cost Exchequers here and, more importantly, in developing countries.

David Gauke Portrait Mr Gauke
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I do not accept that. The hon. Gentleman and I have debated the issue on several occasions. When we came to office in 2010, the controlled foreign companies regime was outdated and was driving businesses out of this country. Since our reforms, more businesses have located in the United Kingdom and more businesses have located their European headquarters here. The change has added to the UK’s attractiveness as a place to do business. As for developing countries, I have said to the hon. Gentleman before that the UK has been at the forefront of building the capacity of tax authorities in developing countries to ensure that they are able to collect the tax that is due under their laws.

None Portrait Several hon. Members rose—
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David Gauke Portrait Mr Gauke
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I will give way to my hon. Friend the Member for Gillingham and Rainham (Rehman Chishti), but I must then make some progress.

Rehman Chishti Portrait Rehman Chishti (Gillingham and Rainham) (Con)
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I thank the Minister for giving way. I of course welcome all that the Government have done on tackling tax avoidance and evasion. He says that more could be done on tax avoidance, but does he accept that, following the comments of the former Labour Foreign Secretary and Lord Chancellor, who said that the Labour Government could have taken but did not take action on tax avoidance and the previous Labour Government’s deficit, the Government are playing catch up?

David Gauke Portrait Mr Gauke
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My hon. Friend is right to draw those remarks to the attention of the House. We have done a great deal on tax avoidance, but more can always be done and I will set out how we are doing that, working through the OECD.

David Anderson Portrait Mr Anderson
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Will the Minister give way? I want to help.

David Gauke Portrait Mr Gauke
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The hon. Gentleman says that he wants to help me, so I will give way and then really make some progress.

David Anderson Portrait Mr Anderson
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In the interests of the people listening to this debate, will the Minister provide, either today or by putting something in the Library, details of companies or schemes identified since 2012 that could be classed as either morally repugnant or morally wrong, terms that were used by the Prime Minister and the Chancellor in 2012 to describe such schemes? Has any work been done on that? Can we get a register so that we know who to look out for in future?

David Gauke Portrait Mr Gauke
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I think the hon. Gentleman is actually being helpful—not that I ever doubted that he would be. When there is artificial, contrived behaviour and when schemes are clearly contrary to the intentions of Parliament, we need to take strong action. We are also entitled to be critical of those involved in promoting such schemes. Indeed, we brought in a regime whereby we can name and shame the promoters of tax avoidance schemes that are clearly contrary to our intentions.

Maria Caulfield Portrait Maria Caulfield
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Will the Minister give way?

David Gauke Portrait Mr Gauke
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As it is on that point, I will give way, but I am conscious that we are 10 minutes in and I am only on page 3 of my speech.

Maria Caulfield Portrait Maria Caulfield
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I thank the Minister for giving way. If Opposition Members want to be helpful, they could speak to the unions. Unison paid no corporation tax in 2011 or 2012, despite owning £51.6 million of stocks and shares and generating an income of over £5 million.

David Gauke Portrait Mr Gauke
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It would be fair to say that I try to make it a rule not to comment on the individual tax affairs of taxpayers, but perhaps those who are happy to wade in on such debates should answer such questions.

HMRC is committed to exposing and acting on financial wrongdoing. Its specialist offshore unit is currently investigating more than 1,100 cases of offshore evasion around the world, with more than 90 individuals subject to current criminal investigation. The motion calls for greater HMRC resourcing. This shows precisely why at the summer Budget of 2015 we confirmed an extra £800 million to fund additional work to tackle evasion and non-compliance by 2020-21.

We have already heard quite a lot today about HMRC resources and headcount. I have to concede that there was a period when the numbers working in compliance and enforcement fell—that period was up to 2010. If we look at where the numbers were in 2010 compared with where they are today, we see that the enforcement and compliance numbers are higher than they were when the Prime Minister, the Chancellor and I took our respective positions—there has been an increase. I accept that much more of HMRC’s work on processing self-assessment forms, for example, has been automated and the number of staff working in that area has fallen. However, the number of people working in compliance and enforcement has increased over the past six years.

None Portrait Several hon. Members rose—
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David Gauke Portrait Mr Gauke
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I want to make a few more points. Even before last week, HMRC had already received a great deal of information on offshore companies, including those in Panama and including Mossack Fonseca. This information comes from a wide range of sources and is currently the subject of intensive investigation. HMRC has asked the International Consortium of Investigative Journalists, the BBC and The Guardian to share the data they have received from last week’s leaks. Clearly, it is important to examine the data very closely, which is why we are providing new funding of up to £10 million for an operationally independent cross-agency taskforce to analyse the Panama papers and take action on any wrongdoing and regulatory breaches. The taskforce will include analysts, compliance specialists and investigators from across HMRC, the National Crime Agency, the Serious Fraud Office and the Financial Conduct Authority. Between them, those agencies will have some of the most sophisticated technology, experts and resources to tackle money laundering and tax evasion anywhere in the world. The taskforce will report to my right hon. Friends the Chancellor of the Exchequer and the Home Secretary on the strategy for taking action, and we will update Parliament later this year. I stress that the taskforce will have total operational independence. If it finds people to prosecute, it will prosecute them. If it finds information about illegality, it can act on it. In addition, the independent FCA has written to financial firms asking them to declare their links to Mossack Fonseca. If the FCA were to find any evidence that firms have been breaking the rules, it, too, has strong powers to take punitive action.

Debbie Abrahams Portrait Debbie Abrahams (Oldham East and Saddleworth) (Lab)
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The Minister mentioned last year’s Budget and the £800 million for non-compliance issues. However, I understand from his answer to a written question that only £266 million of that has been allocated specifically to address tax fraud. How much of that will be spent on dealing with tax evasion?

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David Gauke Portrait Mr Gauke
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The vast majority of the additional money we have put into compliance, both the £800 million announced last year and the £1 billion announced in the last Parliament, is going to dealing with tax evasion. All of it is going into compliance, which is in the areas of dealing with tax evasion and tax avoidance, at its broadest points. I am happy to let the hon. Lady have details of the precise numbers and to write to her on that subject, but this money is going into compliance exactly to deal with these areas. We have taken this very seriously, substantial sums will be raised for us over the course of this Parliament and we are proud of our record on this.

Chris Stephens Portrait Chris Stephens (Glasgow South West) (SNP)
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First, on headcount, will the Financial Secretary confirm that there are 14,000 fewer staff in HMRC now than there were in 2010? Secondly, will he inform the House whether any HMRC staff currently have a compulsory redundancy notice?

David Gauke Portrait Mr Gauke
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I make no secret of the fact that HMRC is a smaller organisation than it was in 2010 in its headcount. That is because efficiency savings are capable of being found in an organisation that devotes a number of staff to processing pieces of paper when we are moving to a more digital world and we can make greater use of technology. On the area that is relevant to today’s discussion and is the concern of the House, the concern is to ensure that HMRC has the resources to deal with tax evasion and tax avoidance. In that area, headcount is not the be-all and end-all; it is about what we get out, not what we put in. As it happens, however, the numbers of people dealing with enforcement and compliance have gone up under this Government. That point sometimes seems to be missed from this debate.

In a globalised world, international action is clearly vital to stop cross-border tax avoidance, evasion and aggressive planning. The UK Government can be proud of having done more than any other country to stamp out these practices. On avoidance, we have already implemented the OECD recommendations for country-by-country reporting to improve transparency between business and tax authorities, and have advocated public country-by-country reporting on a multilateral basis. The Commission’s proposals for public country-by-country reporting are a step in the right direction towards new international rules for greater public transparency. However, we need to consider carefully the details of the Commission’s proposal, including how the reporting is done and how the information is broken down.

On transparency in the context of tax evasion, which is a key point, the UK will be the first major country to publish a register of company beneficial ownership, free for anyone to access, allowing everyone to see who owns what company. My right hon. Friend the Prime Minister made it a personal priority to use our G8 presidency to set a new global standard of tax transparency. As a result of our G8 presidency, 129 jurisdictions have committed to implementing the international standard for exchange of tax information on request, and more than 95 jurisdictions have committed to implementing the new global common reporting standard on tax transparency. This is a huge breakthrough. I recall that six years ago no one believed that we would get to that position, and I am delighted that we have done so. This is a step change in transparency.

Robert Jenrick Portrait Robert Jenrick
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To emphasise that point, none of our major international economic competitors has agreed so far to have a public register of beneficial ownership. In fact, the state of Delaware, in which 90% of United States public companies are listed, has said that it has no intention of implementing this. We really are leading the world and leading our major competitors.

David Gauke Portrait Mr Gauke
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My hon. Friend is absolutely right to raise that point, and I will address the subject of the public register in a moment. It is considerable progress to have got central registers at all. We have pressed for that, and I am pleased that overseas territories and Crown dependencies have agreed to sign up to it.

Callum McCaig Portrait Callum McCaig (Aberdeen South) (SNP)
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The Prime Minister has stated that the registers that the overseas territories will provide will be available to tax authorities here. However, as this debate has clearly highlighted, this is a global problem, so will those registers be shared with other tax enforcement agencies globally so that they can ensure that tax is not being avoided from other countries?

David Gauke Portrait Mr Gauke
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The hon. Gentleman raises an important point, and I think there is scope for going further on it. What we have agreed is to ensure that we have access to those central registers. That is clearly very helpful but I think more progress can be made in that area and it is something to return to in the future.

Panama is one of the very few financial centres that has not yet fully committed to these international standards. We are clear that it should do so, and we continue to press for Panama to join the club of responsible nations. Of course, there is more international work to be done, particularly on tackling money laundering. That is why we are hosting an anti-corruption summit in May, with the aim of encouraging consensus not just on exchanging information, but on publishing such information and putting it into the public domain, as we are doing in the UK. Once again, Britain is leading the world on transparency, accountability and responsibility.

David Gauke Portrait Mr Gauke
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There are a few more points that I want to make, if the hon. Gentleman will forgive me.

Let me address the subject of the UK’s Crown dependencies and overseas territories. Reform of the regimes of the overseas territories and Crown dependencies has been a key objective for the UK, and the reforms that we have secured have been considerable. All the UK Crown dependencies and overseas territories with financial centres are signed up as early adopters of the common reporting standard, reporting annually from 2017 in respect of data that have already been collected. The Crown dependencies and overseas territories will share information with the UK from this year, one year earlier than the rest of the world. All the UK Crown dependencies and overseas territories with a financial centre have committed to transparency on company ownership.

Last Monday the Prime Minister announced that our overseas territories and Crown dependencies have agreed that they will provide UK law enforcement and tax agencies with full access to information on the beneficial ownership of companies. For the first time, UK police and law enforcement agencies will be able to see exactly who owns and controls every company incorporated in those territories. This is a major step forward in transparency, the result of the Government’s sustained work in this area.

It is right that we expect the overseas territories and Crown dependencies to meet international standards, and indeed they do. Yes, we want them to move towards a public central register. That is not yet the international standard. If, as the Leader of the Opposition suggests, every former colony that does not have a public register should be recolonised, where would we begin? Is he proposing that we invade Delaware? [Interruption.] Now we come to mention it, says the hon. Member for Wolverhampton South West (Rob Marris).

The reality is—and this is the point that my hon. Friend the Member for Newark (Robert Jenrick) was right to raise—that the UK is in favour of a public register. We are implementing a public register in June for the first time. We have never had one before. We want other countries to do it, but very few of our European Union colleagues do so. It is not the case that the US does it. We want to ensure that it becomes the new international standard, but Orders in Council condemning overseas territories for failing to do what most of our EU colleagues do not do would not be fair or effective. The approach that we have taken has brought the overseas territories and Crown dependencies a long way. I fear that the approach advocated by the Labour party would fail to work.

Paul Flynn Portrait Paul Flynn (Newport West) (Lab)
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Will the Financial Secretary give way?

David Gauke Portrait Mr Gauke
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I will make some more progress. The hon. Gentleman has just arrived.

As well as leading international action, we have ensured that domestically our regime is both tough and transparent. We have invested more than £1.8 billion in HMRC since 2010 to tackle evasion, avoidance and non-compliance. The £800 million extra funding that we announced in the summer Budget 2015 will enable HMRC to recover a cumulative £7.2 billion in tax over the next five years, and to triple the number of criminal investigations it can undertake into serious and complex tax crime. In the last Parliament, we made more than 40 changes to tax law, closing down existing loopholes and introducing major reforms to the UK taxation system, raising £12 billion.

Penalties increased, new offences created, loopholes closed, new measures introduced, more money raised—it does not stop there. In this Parliament, we have already announced a further 25 measures for legislation to tackle avoidance, evasion and aggressive tax planning. These measures are forecast to raise £16 billion by 2020-21. This week, we announced that we will bring before the House this year legislation to make it a crime for corporations to fail to prevent their representatives from criminally facilitating tax evasion. This new corporate offence goes further than any other country has gone in holding corporations to account for criminal wrongdoing. It will apply to both UK and overseas corporations, and will set a new standard for corporate responsibility and accountability. I am sure that Members on all sides of the House will support any measures as they go through.

What a contrast to the 13 years of the Labour Government. This week, the Opposition ramp up the rhetoric, but it was not on our watch that private equity managers had a lower rate of tax than their cleaners. It was not on our watch that the wealthy could sidestep stamp duty. It was not on our watch that high earners could disguise their remuneration as loans that were never repaid. Those are just some of the loopholes left open by Labour—loopholes that we have been busy closing ever since.

Let me make one further point about the approach of the Labour party over the past week. Yes, taxes should be paid in accordance with the law and the intentions of Parliament, and we should take action against those who fail to do so. Those of us on the Government Benches certainly hold that view. But too often in the past week, Labour has appeared to be motivated by something else. That something else is hostility to the wealthy—not for dodging taxes, but just for being wealthy, for being successful, for earning money and for wanting to pass it on to their children. Those are things which millions of people aspire to do.

Thanks to the actions that this Conservative Government have taken domestically and overseas, we are revolutionising tax transparency and putting an end to offshore tax evasion. This is strong and firm action from a Government committed to ensuring that every penny of tax that is owed is paid. I urge the House to reject the motion.