Finance Bill

Nigel Mills Excerpts

Monday 1st July 2013 Commons Chamber

[Catherine McKinnell]

My hon. Friend makes the important point that we are talking about justice. We talk about justice and fairness in relation to developing countries when considering how a disclosure of a tax avoidance scheme, and the information we receive from it, might be used to support developing countries and international justice on that level. However, it is also about justice for UK taxpayers. We must ensure that companies that engage in the sort of tax avoidance activities that so rile members of the public, and should concern every Member of the House, do not have a competitive advantage over companies that do not engage in such activities, which may mean that their business ends up suffering.

That is what we are discussing and the amendments should not be just a step in the right direction. The announcements that came out of Lough Erne and the G8 agreement contained warm words and welcome sentiments, but there is an opportunity for the Government to start walking the walk, not just talking the talk. They must make not only warm statements but legislative changes that will move the issue forward and show the leadership that the UK should be showing. That would give us greater leverage when debating such matters on an international scale.

The Prime Minister rightly put tackling tax avoidance and evasion at the top of the G8 agenda, and Government Members now have the opportunity to demonstrate their commitment to delivering in that area. What came out of the G8 does not have to remain a statement of intent; it could become a reality for the UK today. We believe that our amendments would help the UK to take genuine action towards securing tax transparency and the fairness the world needs in the 21st century. I therefore urge all Members on both sides of the House to back our suggestions for how the Government can put their money where their mouth is on this issue.

[Nigel Mills (Amber Valley) (Con)]

It is a pleasure to be here to discuss issues that we have already discussed once or twice this year. The Government’s new clauses have rightly been introduced to tackle loss buying and capital allowance avoidance planning. Those are examples of what we can, following the logic of the hon. Member for Walthamstow (Stella Creasy), call hard-core tax abuse. The rules have been allowed to get out of date and have been exploited for years, so it is right that they are tackled.

The new clauses demonstrate, however, that the system is far too complex. There are far too many different types of loss and of relief, which create the scope for transactions to try to exploit them. I am not entirely sure why we need trading losses, schedule A losses, D3 losses, non-trade debits and capital losses—and probably a few more I cannot remember off the top of my head. If we moved to a simpler corporation tax system that had only revenue losses and capital losses, we could perhaps tackle avoidance more easily, rather than having to introduce separate anti-avoidance rules for each different kind of loss to try and ensure that they all work. I encourage the Minister for the umpteenth time to try to simplify our corporation tax system, because it would help in tackling these problems.

There is an interesting question on the interaction of legislation with the general anti-abuse rule—if each time we see some aggressive abuse that we think the general anti-abuse rule should stop, we end up producing a specific anti-abuse rule, what does that say about how strong we believe the general anti-abuse rule is? I would personally prefer specific, clear legislation that all taxpayers can read, understand and abide by, rather than relying on some general statement of principle, but there has to come a point when we say, “We think that is abusive and falls foul of the general anti-abuse rule, and that is enough for us to tackle it. We do not need to introduce more complexity to our tax code: instead, we will rely on the rule.” It will be interesting to see, as the years pass, how confident the Government are in that position. For us to be able to evaluate how successful the general anti-abuse rule is, we will probably need to see if the Treasury—or, at least, HMRC—can win some court cases relying on that rule. It may be a few years before we have some returns filed and challenged on that basis.

[Catherine McKinnell]

Does the hon. Gentleman share the concerns of some people that we will never see those court cases, because the panel, depending on how it is selected, may deem most tax behaviour to be so eminently reasonable that it prevents such cases from ever getting to court?

[Nigel Mills]

I doubt that. The general anti-abuse rule came out of some proposals by Graham Aaronson, a leading tax counsel, so it is not fair to suggest that the whole industry is so wedded to egregious tax abuse that they will find any arrangement acceptable. That would make a complete mockery of the whole thing. I do not share that concern, but we have to be careful in how we draft the general anti-abuse rule. Effectively, it comes back to saying, “Although Parliament may have passed legislation in these terms, what we really meant was something slightly different.” Perhaps we did not envisage a complex scheme that works its way into what we actually said, rather than what we really meant.

If we tried to define a general anti-abuse rule too closely, we would be straight back on the horns of the dilemma of what Parliament meant when it passed a certain piece of legislation. I suspect that most people would say that we actually mean what we write in the many hundreds of pages of taxes that we pass each year. We have to allow the courts room to interpret where arrangements are clearly not what we intended when we passed them. The clue is in the word “general” in “general anti-abuse rule”. If we make it too focused, it will not work. We will see in a few years what happens.

Another measure we could use is whether the tax gap comes down. Do we see fewer of these abusive arrangements being entered into? Is that because of the threat of a general anti-abuse rule? Perhaps we could also measure it by the weight of the Finance Bill next year. If we do not need all these anti-avoidance clauses, the Bill will be an inch thinner and the Government will be happy that the general anti-abuse rule is working. I expect I will serve on the Committee next year and I am not optimistic about the Bill being much shorter.

I cannot support new clause 12. I can see why it was drafted, and I might have drafted some amendments in Committee that were equally creative as a way to force an issue into a debate where it does not really fit. I generally agree with the idea that we should require more transparency from our largest corporate taxpayers about how much tax they are paying, but also crucially why they are paying that amount of tax.

--- Later in debate ---

[Kerry McCarthy]

What the hon. Gentleman says about the requirements he proposes for Companies House would go some way towards addressing the issue of transparency, but a recent report by ActionAid noted that one in 10 of this country’s top companies were not complying with existing Companies House rules on declaring how many subsidiaries and associate companies they had overseas. As I understand it, his suggestions relate only to accounts that would be filed in respect of their UK operations. We would not be able to tell from that whether such companies were channelling their profits through other companies and making use of tax havens, which is what people are really concerned about.

[Nigel Mills]

I agree with the hon. Lady’s sentiment, but I was confining my remarks to the content of new clause 12, which refers to

“a single easily comparable statement of the amount of corporation tax they pay in the UK.”

My thought was that the most single easily comparable statement would be the corporation tax return, which obviously has a consistent format, as everyone has to file it. She is right about the use of tax havens. Where tax havens are used underneath a UK corporate, HMRC has the power to get a group structure and to use the controlled foreign company rules to look at what is happening in the tax havens. It is clearly much harder for HMRC when those havens are sat above the UK, making it much harder to get the information because there is no shareholder ownership that obliges disclosure. That is why we need global work to get a clear and full corporate structure published. It will be interesting to see how much progress is made on that. It needs to be global, not just for the G20, because if one nation somewhere in the world will not agree to publish its share, that might be the one that blocks the attempt to disclose the havens.

[Kerry McCarthy]

I thank the hon. Gentleman for his generosity in giving way. Is it not the case that about one in five of the tax havens used by companies are UK-owned tax havens in UK overseas territories? To ensure some compliance, we should be able at least to start working with them to get them to share information.

--- Later in debate ---

[Nigel Mills]

I am not sure that we should use the term “UK-owned” as I am not sure that our friends in Jersey or Guernsey would appreciate that kind of description, although perhaps it is true in respect of the Crown. The hon. Lady is right that we should set an example of leadership, however, and try to ensure that the territories over which we have some influence have rules that comply with global standards. We heard some encouraging noises from the UK’s overseas territories when they agreed some issues with the Prime Minister before the G8 summit. Quite a few have taken pretty good steps in the direction of transparency by signing information exchange agreements, so we should not impugn them all with the same accusations, as some are clearly more a matter of concern than others.

Let me return to the proposal to require the publication of corporation tax returns. The requirements applying to UK company accounts include a requirement to publish a tax note that reconciles accounting profit with the tax charge and lists the key factors involved. It was intended to provide a summary of the tax return in some respects. If the tax charge is materially different from, say, 24% of the accounting profit, the reasons should be set out so that the user of the accounts can understand what is happening.

I have probably read more sets of accounts than most Members of Parliament. I am not sure that the tax note takes the user any further, because it is so brief, because there are so many ways of merging entries, and because of the impact of deferred tax. The note was designed to deal with the absence of complete transparency in regard to corporate tax affairs, but I think we could achieve that much more effectively by requiring the publication of actual tax returns. That would not reveal too many commercially sensitive data; indeed, I think that far more information is required in a set of statutory accounts than would ever be required in a corporation tax return.

We would probably not be acting unilaterally, given the disclosures that are required by many other stock exchanges around the world. The disclosures required by, for example, the Securities and Exchange Commission for its listed corporations are well in excess of those required in the UK. I do not think that this simple step would put us out of line with the rest of the world. Given requirements to disclose the tax amounts, taxable profits, how they were arrived at, and the details of overseas transactions with related parties, including amounts and charges, I do not consider it particularly onerous for a company to be required to declare “We have paid royalties of £5 million to our US parent.” In fact, many sets of accounts include such declarations. There are measures that we could take as a UK regime that would not harm our standing in the world.

I think that if there is one action that will damage prospects for UK investment, it is allowing a series of large multinational investors to be dragged through the newspapers, hauled over the coals and accused of engaging in abusive tax practices, especially when they are innocent. We do not want a regime that allows information relating to selected people to be leaked. Let us enable that information to be clearly, generally and widely published so that everyone can see who is responsible for bad behaviour, rather than trying to attack those who are innocently taking advantage of reliefs that we have sensibly introduced.

Although I agree with the intention behind most of new clause 12, I do not think that it will work. I have proposed a way of ensuring that the information we need is in the public domain year after year without imposing an unacceptable burden on UK corporate taxpayers. Perhaps the Opposition will back that proposal, which I shall continue to advance whenever we debate an issue that we have probably already debated half a dozen times this year.

[John Mann]

It is always a pleasure to follow the hon. Member for Amber Valley (Nigel Mills). I trust that Opposition Front Benchers were taking detailed notes, because the hon. Gentleman speaks common sense. It is no surprise that Ministers repeatedly ignore that common sense.

Unlike the hon. Gentleman, I am not volunteering to sit annually on the Finance Bill Committee. I was sadly not afforded the honour of participating this year, but the opportunity to participate in a debate on the Floor of the House could not be missed. I shall confine myself to expressing avid support for the excellent new clause 12 rather than straying into matters that would be better dealt with in the Backbench Business Committee’s debate on Thursday, in which I urge all Members to take part. I want to allow some of the adjuncts of matters raised in this debate—not least the issues of the role of Companies House, company structure and formation, and company records—to be discussed in appropriate detail, so that future Governments can be informed of what they should do, and the current coalition can be informed of what it has failed to do.

We know why the rhetoric from Government Front Benchers is as it is. They all now wish to become a bunch of pasty eaters and to be recognised in society and by the electorate for the way in which they are battling for the little man against the big multinationals. However, when it comes to the detail, the natural instincts of those on the Conservative Treasury Bench overwhelm the common sense of people such as the hon. Member for Amber Valley and other Back Benchers, who have pragmatic, practical, positive ideas that could be considered immediately. Some could be put into action.

What those Ministers fall back on is the perceived vested interest of the multinational. We have a charade, led by the Prime Minister and his sidekick the Chancellor —the Liberals are counted out of this; they are not important enough when it comes to economic matters—where the Government try to portray themselves as wishing to grab additional taxation. They have put up taxation such as VAT on the motorist, the consumer and the rest of society, so Conservative Front Benchers are a bunch of tax grabbers. Through the minimal changes that they are proposing and through the Prime Minister’s proposals to the G8, they wish to portray themselves as being the ones who are going to roll back against the multinationals.