Finance Bill

Stewart Hosie Excerpts

Monday 1st July 2013 Commons Chamber

[Stewart Hosie (Dundee East) (SNP)]

Before the hon. Lady comes to that principle, she will be aware that the 2012 Red Book confirmed that, according to the Government’s own figures, the change would cost £450 million. At the most basic level, whether we agree with that number or think it is too low, if there is £450 million going spare, it would be better to do something socially productive with it than to give it back to people who are already wealthy.

[Cathy Jamieson]

I thank the hon. Gentleman. He and I do not always agree on every matter that is discussed in the Chamber, but on this occasion I accept what he says.

We have heard disagreement on the Government Benches with the point that I was making, but the reality is that as of this April, 13,000 people earning more than £1 million a year are receiving a tax cut equivalent to £100,000. Another 254,000 people earning more than £150,000 a year are also seeing their income tax bills go down. At the same time, if we take into account the changes that the Tory-led Government have made to tax, tax credits and benefits, households in the UK will be an average of £891 a year worse off. That is the reality that people face. As I have said in a number of previous debates, that may not seem a lot of money to the millionaires who are getting a tax cut from the Government, or to those on the highest wages, but it is a lot of money for my constituents and, I am sure, for the constituents of other hon. Members. I see some heads nodding on the Government Benches. It is a huge amount for constituents throughout the country, who are being ruthlessly squeezed to pay for the Chancellor’s economic failure.

--- Later in debate ---

[Mr Gauke]

There is a long-standing and widespread approach that tax is a matter of confidentiality between taxpayers and the tax authorities. I say that the approach is long standing; it is the approach we have had in the UK for time immemorial.



It is also the position that applies in pretty well all major economies, and if we were to change that approach, it would be sensible to do so multilaterally. If we introduced a requirement that multinationals based in the UK had to publish information in a way that would not apply if they were based elsewhere, that would raise questions about the attractiveness of the UK as a place in which to do business.

On how to move forward in this area, I would make the wider point that we work multilaterally. That approach was endorsed by Tony Blair, who, in a recent interview, said that if countries move unilaterally, others will eat your lunch, to put it bluntly. I think that was the phrase he used. It is right that we work with other countries to ensure that we have an effective tax system, but I would not favour measures that left the UK isolated in such a way.

[Stewart Hosie]

I am genuinely confused. The Minister said that the measure would go wider than the GAAR as intended, because it covered all a business’s corporation tax, but part 5 of volume II of the Bill states at clause 203(3):

“The general anti-abuse rule applies to…corporation tax, including any amount chargeable as if it were corporation tax or treated as if it were corporation tax”.

The idea that the proposal would widen the measure beyond the scope of the Bill does not appear to be correct.

[Mr Gauke]

I hope I can clear up the hon. Gentleman’s confusion. The GAAR applies to corporation tax—I am not arguing for a moment that it does not—but the point is that lumping in the new clause, which is based on the GAAR, and moving from the GAAR being quite carefully targeted at abusive tax avoidance to essentially saying that everything needs to be published under the GAAR as part of a general anti-avoidance or anti-abuse rule would rather confuse things. It is a pity to muddle the two. There is an argument for greater transparency and for publishing things, and there is an argument for a GAAR, but to bring the two together as the Opposition have done—perhaps that is partly due to parliamentary constraints and so on—sends out an unfortunate message. The two should be kept apart. I hope that has made things clearer for the hon. Gentleman.

[Stewart Hosie]

Well, not particularly, because the other argument that the Minister used is that the proposal might put us at a competitive disadvantage. However, the Bill is clear: one of the priority rules is the double taxation agreements that are already in place, so nothing could be done that impacted on the amount of tax a corporation paid in relation to its tax in the UK and elsewhere, because the double taxation agreements would have priority in any event. The Minister is trying hard to explain why he does not like the proposal, but he is not really succeeding.

[Mr Gauke]

The double taxation agreements are part of the international structure, but that is not the only element that determines whether the UK tax system is competitive. The point I am arguing is that our engagement and the leadership shown by the Prime Minister and the Chancellor represent the right way to go about changing how multinationals are taxed. I would consider, for example, what came out of the Lough Erne summit and, more broadly, measures to ensure that people pay the right amount of tax, as well as the dramatic progress that has been made including, on tax evasion, the exchange of information between Crown dependencies and overseas territories, and indeed the creation of a new international norm based on the American Foreign Account Tax Compliance Act, or FATCA. That is a big step forward, and we continue to take steps, leading the way in this multinational effort to give tax authorities new tools to deal with tax avoidance by providing more information about beneficial ownership. All those are steps that can help us to deal with tax avoidance and tax evasion. I hope they will be welcomed by all Members of the House.

--- Later in debate ---

Another concern expressed about the GAAR is that it is too narrow and cannot really be described as “general” at all. Indeed, the Government’s new clauses seem to demonstrate that. The GAAR applies to corporation tax, yet the Government are still having to introduce targeted anti-abuse rules to deal with loss buying undertaken to avoid or reduce corporation tax liability. It would be helpful if the Minister outlined how the GAAR is intended to operate. What corporation tax activity would be sufficiently egregious or abusive for it to be covered by the GAAR without the Government having to introduce separate targeted anti-abuse rules to deal with it? Does this mean that they need to introduce a targeted rule to deal with every specific loophole that is not covered by the GAAR because otherwise they run the risk of tacitly legitimising any activity that is not covered?

[Stewart Hosie]

The hon. Lady is asking whether the GAAR is too narrow. It is designed to squeeze out tax advantage through abusive means. The advantages include

“relief or increased relief from tax…repayment or increased repayment of tax…avoidance or reduction of a charge to tax or an assessment…avoidance of a possible assessment…deferral of a payment of tax or advancement of a repayment”

and

“avoidance of an obligation to deduct or account for tax.”

What else could she add to widen that if she thinks it is too narrow?

[Catherine McKinnell]

The hon. Gentleman makes a helpful point. One would question to what extent the Government can rely on their general anti-abuse rule when they still have to invoke targeted anti-abuse rules, many of which we debated in Committee. Yet the GAAR is supposed to provide reassurance in relation to these matters. Will the Minister clarify exactly how it will work? As the hon. Gentleman says, there is much debate about whether it is too general or too narrow—too general to be effective or too focused on what could be deemed by a reasonable person to be egregious behaviour, and therefore arguably too narrow. I would be interested to hear the Minister explain exactly how the GAAR will work in reality.

The Minister will be aware of the concerns raised in Committee about how the GAAR’s effectiveness will be reviewed. Our amendment calling for an evaluation to be held two years post-implementation was dismissed on the grounds that it would be impractical. At what stage does the Minister think it would be practical to conduct a post-implementation review, given that this is one of the Government’s main tools to tackle tax avoidance? At what point does he think it would be appropriate to consider whether the GAAR needs to be strengthened by, for example, a penalty regime? He has said that it will be kept under review, so it would be extremely helpful if he could provide details of the time scales involved.

One of the most widely held concerns about the GAAR is that it simply does not deal with many of the issues about which members of the public in particular are understandably angry with regard to corporation tax avoidance. The Minister has said that the Government have never sought to give the impression that they will deal with these issues, but many people feel that when they raise concerns about corporate tax avoidance the Government give the impression that their general anti-abuse rule will somehow deal with them.

We believe that the Government could and should use this Finance Bill to go much further on tax avoidance and on increasing tax transparency in particular. We have presented the Government with many opportunities to put their money where their mouth is and to take action now.

I was pleasantly surprised to read in The Guardian on Friday that the Minister voiced his intention to take firm action on this issue—the Minister is looking at me blankly; I am not sure whether he reads The Guardian—during last week’s Back-Bench business debate on multinational companies and UK corporation tax avoidance. I usually pay attention to everything the Minister says, but I confess that Friday’s revelation passed me by. Given his reported new-found enthusiasm for tackling the issue head on, the Opposition would like to take this final opportunity, through new clause 12, to persuade the Minister and Government Members to use this year’s Finance Bill to demonstrate a commitment to increasing tax transparency and to cracking down on tax avoidance both here and abroad. It is unfortunate that the Liberal Democrat Benches are devoid of Liberal Democrat Members, because this is their opportunity finally to walk the walk on this issue, given that they have been very good at talking the talk on it for so many years.

The nub of the issue is this: there has been a monumental breakdown in public confidence in the corporation taxation system and it is clear that the era of tax secrecy should end. At a time of austerity around the world, when people have lost or are losing their jobs and are seeing their services cut and the cost of living rising while the value of their wages does not, they are rightly angry when they see the complex and extraordinary lengths to which multinational companies may go in order to avoid paying their fair share of tax in the countries where their profits are actually being generated. People, including more than 1 million supporters of the IF campaign, are equally furious that aggressive tax avoidance activity is reducing the ability of developing countries to tackle the issue effectively and contributing to their failure to combat hunger and invest in the vital infrastructure that we take for granted. As the OECD estimates, these countries lose three times more through tax avoidance than they receive in aid every year.

The Opposition believe that rather than simply calling on the OECD

“to develop a common template for country-by-country reporting”,

which the G8 has said it will do, we should actively work with our G8 partners to ensure that all multinationals, regardless of sector, are required to publish a single, easily comparable statement on the amount of tax that they pay in each country in which they operate. That needs to be introduced as a matter of urgency.