Barclays Under Fire Over Tax Reduction

Published in Company Comment on 4 January 2012

The high-street bank faces criticism for its complex tax accounting.

In these days when our banks should ideally be trying to look as squeaky clean as they can, Barclays (LSE: BARC) is coming under pressure over the accounting measures it uses to minimise its tax bill.

Under UK accounting regulations, companies can carry forward losses from one year to set against future years' profits, and thus reduce the amount of tax they have to pay -- and that's generally accepted as fair. But when people see large companies exploiting offshore tax havens and complicated company structures to lower their tax bills, it's not surprising that they might get a little miffed.

Royal Bank of Scotland (LSE: RBOS) has racked up £4.2bn in "deferred tax assets", with Lloyds (LSE: LLOY) managing a total of £6bn, which can be carried forward to offset future profits. But at least in these cases, they were the results of actual record losses.

Barclays, meanwhile, has accumulated over £3bn in such deferred assets, even though it has not recorded an overall group loss for more than 10 years. In fact, the group made £6bn in pre-tax profits last year, while at the same time accumulating £591m in tax assets from recorded losses of around £2bn in British, American and Spanish subsidiaries.

Barclays has also operated hundreds of subsidiaries in tax havens, and as recently as 2009 only paid £113m in UK tax.

Unfairness?

So it's understandable that the bank is attracting criticism, especially as it is part of the industry that helped get us into our current mess in the first place. But is it fair criticism?

After all, Barclays does stress that it is fully compliant with UK tax regulations. And which of us would not use whatever legal means we could to minimise our tax bills?

As consumers facing tight belts and higher inflation, we can fume about the tax avoidance policies of the banks, but there's an important question we need to ask -- to whom are the banks responsible?

Barclays' primary responsibility is not to its customers and not to UK taxpayers -- it is to its shareholders. in fact, the only reason for the existence of the company's board of directors is to maximise its shareholders' profits by whatever legal means it can.

Do you think taxation laws are biased towards the big shots and unfair to the little people? You may be right. And do you think it's wrong that companies like Barclays can use complicated subsidiary accounting to carry over tax losses while making an overall profit? You might have a point.

But our ire should be directed at the UK's accounting and corporate tax regulations, not at Barclays' accountants -- they're just doing what they're supposed to do.

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Comments

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duffmanchon 04 Jan 2012 , 9:10pm

Barclays should show some corporate responsibility and pay their tax. It is the government which allows them to be publicly incorporated and will foot the bill if they go bust.

LastChip 05 Jan 2012 , 12:58am

As a Barclays shareholder, I'm delighted they're using the tax laws to achieve the best possible return.

It's no good grizzling about banks making a loss and having to be bailed out, and then criticise them for making a profit. What is far more unacceptable to me, is directors ripping off the owners - the shareholders.

The point is, is up to the regulators (via parliament) to adjust the tax rules if they believe companies are using them unfairly.

I concede there is a morel issue, but companies (generally) are not in the morality business. And yes, of course the tax laws are beneficial to large business. They always have been as long as I've been on this earth and will in all likelihood, remain so. So get used to it.

richardlordesq 05 Jan 2012 , 2:12pm

What angers me about companies avoiding tax is their high claims of corporate social responsibility, or as Barclays call it good corporate citizenship. Avoiding tax may be sound business practice, but it is not socially responsible, and as such Barclays are not good corporate citizens, no matter how many "Make a difference" days they may run.

Samadd 05 Jan 2012 , 5:35pm

@duffmanchon
Barclays DO pay their tax. They pay as little as the law requires them to pay but they are within the law. Do you think they should pay more than they have to - putting the money into the hands of politicians?!? Are you volunteering to pay more tax? I am not.
As far as social responsibility is concerned, They pay out as little as they can in this area to support a particular image as part of good business practice. Personally, I believe social responsibility is the province of the government rather than big banks.
In any case, I doubt that Barclays are that bothered about their image in this case. these things are transitory. Does anyone now remember the boycotts of Barclays in the early 70s because they had investments in South Africa and were deemed to be supporting apartheid?
As for going bust, Barclays were not bailed out by the government - they were a sound enough investment that they found private investors to assist them.

Samadd - long BARC

bobellsmore 05 Jan 2012 , 7:32pm

Any company that failed to minimise its tax bill, or any other liability for that matter, in a legal, cost effective manner would be failing to carry out their duty of care to its owners, the shareholders. That failure of care would make the Directors of the company liable to the shareholders in law - see the article "Investors Sue Lloyds' Directors".

There IS an issue of morality here and it lies with Government officials, both elected and salaried, for writing laws that enable legal tax avoidance of such staggering amounts.

spyknife 06 Jan 2012 , 8:19am

Hey if Richard Branson and his newly acquired Northern Rock are planning to do it, why not Barclays ?
I mean even MP's are are using and abusing the system.
This is the new capitalism of 2012, the rich get richer and the poor get poorer !

Cas21 06 Jan 2012 , 10:19am

As a Barclays shareholder all I can see is the bankers maximising their own pay and bonuses. This appears to be done not just at the expense of the tax man, but also at the expense of the shareholders. The share price is pretty poor, and the dividend is frankly appaling given Barclays profit and the amount paid out in bonuses.

vinchainsaw 06 Jan 2012 , 12:33pm

I'd be disappointed if Barclays didnt do this.

You play the game by the rules that are in place, not those that should be in place to make the world a fairer place.

Talk of corporate responsibility is nonsense in my eyes - politician speak for making excuses for their ineptitude.
The only corporate responsibility Barclays has is unto its shareholders, and in that way they are doing exactly the right and moral thing.

You want them to pay more tax - the petition your local MP - its them that makes the rules that the game is played by.

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