Draft Double Taxation Relief and International Tax Enforcement (Gibraltar) Order 2020

Jonathan Reynolds Excerpts

Tuesday 25th February 2020 General Committees

[Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)]

May I, too, say that it is always a pleasure to serve under you in the Chair, Ms McDonagh? I thank the Minister for his opening remarks and his explanation of the order that we are dealing with today. It is vital that the interests and affairs of Gibraltar, and its relationship to the rest of the UK, are carefully considered as we depart from the European Union. All hon. Members will want to make sure that Gibraltar’s interests are properly protected, particularly as I understand that Spain has made its own tax treaty arrangements with Gibraltar.

Overall, the Opposition are pleased that the Government have chosen to follow the OECD model convention as the template for the order, so there is no reason for us to oppose it. I have a few minor questions to ask the Minister, however, about the exact implementation of the model.

In the explanatory notes and the Minister’s speech, it was mentioned that the double tax arrangement meets the minimum standard recommended by the OECD/G20 base erosion and profit shifting project, which aims to stop abuse of DTAs by individuals and companies trying to reduce their tax liability. Gibraltar as a jurisdiction has made progress in recent years in strengthening its anti-BEPS provisions. About 11 months ago, in a similar delegated legislation Committee on the Financial Services (Gibraltar) (Amendment) (EU Exit) Regulations 2019, my hon. Friend the Member for Oxford East (Anneliese Dodds) addressed some of those points and noted that Gibraltar had been removed from the tax haven list by the OECD after concluding some of its DTAs.

With that in mind, I wonder whether the Government gave any regard to using this process as an opportunity to develop a measure that not only meets the minimum standards but enhances them and provides a leading example of how we can enhance the provisions. All aspects of BEPS must be dealt with, and that is especially important if the UK is to have flexibility in how it sets cross-border taxation policy in future.

Elements of the OECD model convention allow for considerable leeway. Is it the Government’s intention to take advantage of any of that flexibility? For example, there is a quite expansive definition of “permanent establishment” in the text of the model convention. Will that be adopted in future DTAs?

I am interested to hear further detail about how consultation is taking place with the Government of Gibraltar on the arrangements, and how Parliament will be kept informed of that process, to ensure transparency and accountability.

My final question raises a broader point about the UK’s interaction on tax affairs in the light of our departure from the European Union. Is it the UK’s intention to seek observer status in the code of conduct group—a sub-committee of ECOFIN—given that the Cayman Islands, a British overseas territory, is being blacklisted by the EU? There will clearly need to be a shift in our approach for the UK and Gibraltar, as we will no longer be able to participate in that committee by right as a member of the European Union. I would appreciate any clarity that the Minister can provide on those points.