The Taxman Goes All Russian On Us

Published in Investing on 2 August 2012

Tax avoidance is making waves in the news.

Last week David Gauke, a junior treasury minister, stirred up a hornet's nest when he said that it was "morally wrong" to pay tradesmen in cash, as this encouraged tax avoidance.

Gauke deliberately tried to equate tax avoidance, actions that legally reduce your tax liability, with illegal tax evasion by assuming that the tradesmen won't declare the cash on their tax returns. This is par for the course nowadays, as politicians and the taxman try to increase the tax take by demonising tax avoidance.

Shortly afterwards, it emerged that HM Revenue & Customs has issued a series of educational pamphlets for schools in which children are encouraged to become spies for the state by reporting people who do not pay their "fair share" of tax to their teachers. This is a tactic that was used in Stalin's Russia and George Orwell's 1984.

Denounce your parents

The Revenue's pamphlets reminded me of the story where Pavlik Morozov showed his loyalty to the Soviet Union by denouncing his father to the authorities for the "crime" of hoarding grain during the famine of 1932. Morozov was then murdered by his family who were executed by the secret police a few months later.

In death he was lauded as a hero of the Soviet Union, portrayed as a great role model, and statutes were erected in his honour in many towns and cities. The story, just like the tractor production statistics, turned out on closer inspection to be a nothing more than a piece of propaganda.

I find it worrying that the British state is encouraging children to denounce people for engaging in legal activities. But that's the way things are done nowadays, where increasingly people are put on "trial" by government agencies and given on-the-spot fines by the police instead of being judged by the courts as the Bill of Rights of 1689 requires.

There's a lot of it going on

Tax avoidance hit the headlines in June when the comedian Jimmy Carr was named and shamed for using a tax avoidance scheme to reduce his income tax rate to as little as 1%.

This got a lot of attention because Carr is a public figure, but the amount he was saving was trivial when compared to the amount that companies in the FTSE 100 (UKX) index are saving through tax avoidance. Here are four examples out of a packed field of contenders:

1) Barclays (LSE: BARC) was specifically targeted by retrospective legislation in February to reclaim £500 million of tax that it had legally avoided.

2) GlaxoSmithKline (LSE: GSK) saved itself up to £34 million, according to a recent BBC report, by using a loan scheme that was run through a subsidiary in Luxembourg.

3) Vodafone (LSE: VOD) paid £2.3 billion in corporation tax last year, none of which went to the British Treasury.

4) WPP (LSE: WPP) moved its headquarters to Dublin in 2008 to reduce its tax bill by taking advantage of Ireland's lower tax rates.

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Complexity increases avoidance

If the British Government wants to stop companies from avoiding taxes, it can do so by getting parliament to pass laws that do just that. The problem is that our tax system has become so complex that every change to the existing tax law seems to create several new loopholes. Whatever happened to the idea that taxes should be simple and compulsory?

Governments are going to have to come to terms with an increasingly globalised world, where companies take advantage of laws that allow them to legally reduce their taxes and also have the option of relocating to countries with more favourable taxation policies.

One way in which they could do this is to increase the taxes levied upon consumption and land because these are much harder to avoid. Also spending a bit less would help.

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> Tony owns shares in GlaxoSmithKline but he doesn't own shares in any of the other companies mentioned in this article.

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Comments

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Taxmag 04 Aug 2012 , 12:44pm

Sorry but a lot of this is rubbish. HMRC are not encouraging kids to spy for them, they just included a discussion q. about whether they knew anyone who evaded tax in a citizenship module. For a teacher's point of view on this see
http://www.taxation.co.uk/taxation/blog/spy-kids-telegraph-anger-HMRC-lesson-plans
(declaration of interest, that's my daughter writing in the mag. I edit...!)
WPP went to Ireland because the CFC rules meant they could end up being double taxed, and are now contemplating coming back. Vodafone pay no UK tax at present because the government successfully got top dollar for the 3G licences, thus adding to their UK costs. But there is still a problem with offshoring Treasury to that tax haven in the heart of the EU, Luxembourg, which needs to brought into line.
Barclays do indeed seem to have tried it on, and after signing the agreement not to, but the successful retrospective charge will have put a lot of others off. And the scheme used by Carr has yet to be tested in the courts, it may not work. Even if it does, it becomes catastrophically expensive in future years if interest rates go up.

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