United Kingdom Corporate and Individual Tax and Financial Transparency Bill

Lindsay Hoyle Excerpts

Friday 6th September 2013 Commons Chamber

[Mr Michael Meacher (Oldham West and Royton) (Lab)]

I beg to move, That the Bill be now read a Second time.

At the outset, I want to say that this is the only time I can remember witnessing a Government Front-Bench spokesperson engaging in a time-wasting filibuster on the scale we have seen today. It was an abuse of the House. The Deep Sea Mining Bill is widely regarded as a Government hand-out Bill and yet the Minister took more than an hour over it—two or three times longer than he would have taken over a Government Bill. The practice needs to be stopped.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. May I say to the right hon. Gentleman that I did stop the Minister at the beginning of his speech over time-wasting? The right hon. Gentleman may remember that I interrupted the Minister to suggest that he moved on to the subject at hand. The Chair did its job. The right hon. Gentleman is in danger of questioning the Chair if he is not careful.

[Mr Meacher]

I was not in any way referring to you, Mr Deputy Speaker; I was saying that the regulations and procedures of the House need to be examined in a way that prevents an abuse of that kind.

[Mr Meacher]

No, I am not going to give way.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I will help both Members. We are not going to carry on in this vein. I want to hear about Mr Meacher’s Bill, and I am sure he wishes to get on with it. I want to hear about its content.

[Mr Meacher]

I am entirely of the same mind, Mr Deputy Speaker.

Tax avoidance and financial transparency, or perhaps I should say the lack of financial transparency, have of course been high on the Government agenda for the past two years. They even led Prime Minister to make tax transparency and trade his central international focus at the G8 at Lough Erne in June. However, having marched his troops up the hill, rather like the Grand Old Duke of York, the Prime Minister has since proceeded to march them down again. Rather little of significance—that is being generous—has happened on the tax and transparency front since then.

At the G8, the UK published an action plan on tackling some of the issues involved, but it is not unfair to say that it was decidedly modest in its ambition. The same can certainly be said of the scope of the subsequently announced consultation on disclosing the beneficial ownership of companies. The Government have, of course, published the general anti-abuse rule, but as has often been said, it will cover only the most egregious forms of tax abuse and is consequently in danger of appearing to legitimise lesser forms. The GAAR is rather like the lobbying Bill that is currently before the House—the Government are extremely keen to be seen to be doing something, but they have no intention whatever of actually doing much. If we are really serious about tackling tax avoidance and the financial opacity of our tax system, a more robust approach is needed. That is what my Bill is intended to offer.

The Bill was drafted by Richard Murphy, who is the founder and director of Tax Research UK and, I think everyone will agree, one of this country’s foremost tax accountants. I am extremely grateful to him, as I believe the whole House should be.

There are two drivers behind the Bill. One is the demand for fairness and social justice. The country is in the middle of a deep economic recession caused by the bankers, yet the Government have imposed on the victims the liability for meeting the ensuing very high national debt and budget deficit.

--- Later in debate ---

[Mr Nuttall]

My hon. Friend is absolutely right. My view—I suspect it might well be that of my hon. Friend, too—is that if the Government wish to increase the tax yield on behalf of the nation and to make it easier for individuals and companies to abide by their obligations, the way forward is to pass simpler tax legislation that we can all understand. I am sure that my hon. Friend has greater expertise in these matters than I do, but I have always found tax legislation particularly difficult to follow. I do not know the latest figures for Tolley’s tax guides, but when I was in practice in the legal profession they were substantial volumes and I suspect that they can only have grown in the past few years. Each one, on one tax alone, is a substantial doorstop.

It is no surprise that loopholes are discovered by accountants and tax advisers because the law is so complex and convoluted. There are so many different taxes, some of which overlap, that there is scope for tax loopholes to arise by accident. Governments do not set out to create tax loopholes other than those that are set out in legislation by design, they are precisely what they are called—tax loopholes.

As has been mentioned, it is often the Government’s desire to create what might be called loopholes, such as ISAs. I have been waiting to get to this point, as it gives me my second opportunity this morning to refer to ISA. This time, I do not mean the International Seabed Authority but the individual savings account. Before I looked into deep-sea mining, that was the only form of ISA I had heard of. ISAs are a form of tax avoidance set up to replace personal equity plans and were established as a means of encouraging people to save. They were set up to encourage private individuals to save in a tax-efficient manner in that they would not have to pay income tax on the income their account had earned. That could be called a tax loophole, but it is a legal tax loophole set up by the Government.

Let me return to the Bill. We must draw a distinction between tax evasion and tax avoidance. Let us be clear: tax evasion is already illegal, but almost weekly in this House I hear the two terms being confused. People say that someone has been a tax avoider, suggesting that they have acted illegally. Well, if they have, they are not a tax avoider; they are a tax evader, and they should be brought to book and prosecuted. I have no sympathy with them whatsoever. If someone has deliberately under-declared their income, I entirely agree that they should be brought to book by the Revenue and Customs, that they should be prosecuted and, in certain cases, sent to prison. Let us not beat about the bush. I am sure I am in agreement with my hon. Friend the Minister on that. I do not want to go easy on people who have deliberately avoided their obligations to society by breaching our tax legislation in such a way as to avoid paying their dues and demands under the law. That increases the burden on everyone else.

Of course, we already have measures in place to provide the mechanism for the Revenue to ferret out these people. It can open up inquiries into their tax affairs, and it frequently does. A whole industry exists around dealing with inquiries into people’s tax affairs. My accountant sent me details of an insurance policy that I could take out for that very occasion. I could pay a premium, and then if my tax affairs were investigated by the Revenue, the policy would cover my accountancy costs while the inquiry was dealt with.

However, returning to the Bill, our Government have already taken a great deal of action on tax avoidance and tax evasion. Since 2010, the Government have collected over £23 billion in extra tax by challenging the tax arrangements of large businesses. I am informed that, by tackling transfer pricing alone, the Government have collected £2 billion since 2010. It may well be that the right hon. Member for Oldham West and Royton is introducing the Bill because he thinks that those figures are not high enough. If the measures in the Bill are such a good idea, why, in the 13 years of the previous Labour Government, under Tony Blair and the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown), was none of these measures introduced? If it is such a good idea now, why was it not such a good idea then? I do not know whether my hon. Friend the Minister ever went to the Treasury team at the time with this Bill and said, “Look, here is the answer to our problems.”

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. The debate is not about then; it is about now, and it is about the Bill before us. I do not want a debate on whether it should have been done in 1985 or 1998; it is about now. I know that you are very good at wanting to get into the detail of the Bill; you must get back to it.

[Mr Nuttall]

Thank you, Mr Deputy Speaker. I would just make the point that perhaps the reason why such legislation was not introduced by the last Labour Government is that it is not a very good idea. I will attempt to demonstrate, if I may, by looking, as you rightly suggest, at the detail of the Bill, why it is not a very good idea.

Detailed the Bill indeed is, running to 13 clauses. It deals essentially with three elements: the disclosure of the tax affairs of large companies, the tax affairs of individuals, and the tax affairs of trusts. Those are the three primary areas that the Bill seeks to attack. The first of those relates to large companies, which, in answer to the question of my hon. Friend the Member for Dover, we have already established covers not just public limited companies but those purely in the private sector.

The Bill provides that the Companies Act 2006, passed under the last Labour Government, should be amended by adding new section 409A, which would require a company to provide in respect of each one of its related undertakings its registered name; the jurisdiction of its incorporation; its company number; the jurisdictions in which it trades; the trading name it uses in each jurisdiction if that is different from its registered name; the precise nature of its trade, sufficiently described in such a manner as to enable those activities to be accurately identified; the percentage of the related undertaking controlled by the company; a statement of the turnover, net profit before tax, current taxation liability owing, number of employees and their total employment cost and the net assets of the related entity for the period for which the company is reporting, whether such data be audited or otherwise; and finally, the web address where the most recent financial statements can be found. If that does not increase the burden on companies, I do not know what does.

The real danger with all this added bureaucracy and red tape is that it makes this country a less desirable place to do business. As I said earlier to my hon. Friend the Member for North East Somerset, there may well be merit in respect of a public company putting this information in the public domain, but I do not see that to be case in respect of private limited companies, which are not excluded. Certainly I do not see the benefit in respect of individuals.

Clause 3 places on HMRC an obligation, no later than 1 March each year, arithmetically to combine for each taxpayer who has submitted a tax return by 31 January in respect of all their taxable income of all sorts, with a few exceptions, and to publish those in descending order of magnitude—in other words, the 250 wealthiest individuals. This clause gives the revenue just one month to complete the task. The tax returns need not be in until 31 January, and within one month it has to have carried out this rather complicated calculation, which I will not go into the details of. Subsection (2) requires HMRC to publish, no later than 15 March each year, the 250 tax returns for the previous tax year ended on 5 April that ranked highest on the listing produced in accordance with the provisions of subsection (1). Subsection (3) requires that they should not be anonymised, and this is the crucial point about this clause—they would all be public information. In other words, the private tax affairs of any individual will no longer be private.

I can draw only one conclusion from that: there is a real risk that, were the Bill enacted, it would cause the wealthiest individuals in our society—I hasten to add that I very much doubt the Bill would ever bother me—to go elsewhere. We as a nation would lose their wealth and the income it produces. To return to the point with which I started, I fail to see how that would benefit what both the right hon. Member for Oldham West and Royton and I want to see, which is improved public services. We would not be able to improve our public services if the wealthiest individuals in our country and all the tax they pay disappeared as a result of onerous and intrusive obligations that the Bill imposes on them. They would simply use their wealth to look around the world, find a more suitable home and tax regime and leave our shores.

I want to address in particular the obligations that the Bill places on our banks, because they give rise to a great deal of complication. Clause 5 requires financial institutions to

“notify Her Majesty’s Revenue and Customs and Companies House that they have opened or closed an account in the United Kingdom for a company within thirty days of that account being opened or closed stating—

(a) the name and registered number of the company;

(b) the address at which they correspond with that company;

(c) the names and full addresses, dates of birth and nationalities of those persons who they have accepted as having authority to take action with regard to the account;

(d) the names and addresses, dates of birth and nationalities of those persons who they have identified as the beneficial owners of the company in question as required by Regulation 5 of the Money Laundering Regulations 2007;

(e) the number of the account that they have opened; and

(f) the numbers of any other accounts that they maintain for the company.”

I may be reading this wrongly, but there does not appear to be any question whatsoever about the size of the company. It does not say that the company has to be of a certain size; it simply says that if a company opens a bank account, it has a duty to report it. That covers literally thousands and thousands of bank accounts. It would increase enormously the burden on our financial institutions and banks at a time when we want them to concentrate on the much more important task of getting the British economy moving again and on lending to businesses. I do not want our bankers to have to fill in forms and write down the names and addresses of companies and the addresses to which they write. That would stop them doing their primary task, which is to play their part in getting the British economy moving and growing. As we know, it is starting to grow, but there is much more to do.

Let us be clear: no one is suggesting that the Bill does not have the best of intentions behind it. However, the Government have already increased significantly the compliance yield, which is the amount that the Government expect to get from tax—