Cruel and unusual complexity in VAT

Posted by Christie Malry on January 31, 2012 at 9:19 pm

Via @jjpoconnell and @rorymeakin, I'm led to this:

VFOOD5540 – Excepted items: Ice cream etc: Other frozen desserts

Gateaux and cakes

Frozen gateaux and cakes, including cheesecakes, which have to be thawed completely to be eaten are zero-rated but those containing ice cream are standard-rated. Baked alaska, which requires further cooking, is zero-rated.

Cheesecakes

Frozen cheesecakes which are usually eaten fully defrosted are zero-rated. A recent development has been the introduction of cheesecake type desserts which can be eaten either straight from the freezer or after just a few minutes at room temperature. These are zero- rated as they are more akin to traditional cheesecakes than to ice cream, ice lollies, frozen yoghurt and water ices.

Mousse and similar products

Mousse and other types of chilled desserts which have to be completely thawed before eating are zero-rated. Such products can be distinguished from ice cream by the fact that they contain agents which maintain their texture when thawed.

How can it possibly be in the public interest for there to be rules at this level of minute detail about the whys and wherefores of what is and is not standard rated for VAT?

H/T.

 

Eoin is an idiot

Posted by Christie Malry on January 31, 2012 at 12:31 am

Whilst a worker on the NMW pays 13% of his income on direct taxation, Tony Blair Associates paid just 3%. That means than a minimum wage worker paid 333% more tax last year that Tony Blair Associates as a proportion of income.

If you compare the tax paid by a company as a proportion of its revenues against the tax rate paid by an individual as a proportion of his/her income, it's hardly surprising you're going to end up with idiotic results.

A company isn't a person. As I heard only this evening, thanks to a great talk by David Allen Green, it's a legal fiction that's given certain person-like qualities, but only in order to enable it to enter contracts, limit the liability of its shareholders, etc.  We tax companies in order to tax their shareholders. But we tax companies on their taxable profits, not their revenues. This is exactly the same way that sole traders and other unincorporated businesses are taxed.

We tax people differently. We tax them on their income, with very little scope for deduction.

So if there's a baddie in this tale, it's the tax system which beats up on the little guy. It's not Tony Blair, who will pay tax on any income he receives personally (possibly in the UK, but possibly not, depending on how he has structured his affairs). 

And it's mathematically dishonest to compare the rates paid and shout that one is higher than the other, without taking account of the actual amounts of tax paid. It takes a superhuman quantity of fuckwittery to actually believe that a minimum wage worker pays 333% more tax than Tony Blair's company. It's simply not true, whichever way you look at it.

On not consolidating RBS into Whole of Government Accounts

Posted by Christie Malry on January 30, 2012 at 10:51 pm

I wrote a while back about the Whole of Government Accounts project. As you'll recall, government received a number of qualifications in the auditor's report on the accounts because of the way it had failed to account for some things properly. And one of those qualifications was for failing to consolidate the nationalised banks into government's results.

OK, let's clear up some of the jargon in case you're struggling. "Consolidation" is the process of showing the results and financial position of a group of companies as if they were a single entity. This means you remove all balances and transactions between group companies and only show the true external position. In the case of RBS, that means removing the investment in government's books and bringing in instead all the revenues and costs and assets and liabilities.

Now, government really did not want to do this. They argued that this would lead to a strange set of accounts, given how big the figures are compared to the rest of government spending. Too bad, says the accounting standard in question, IAS 27, which explicitly forbids subsidiaries from being excluded from consolidation just because they're very different to the rest of the group 1.

Indeed, the only exclusion that might apply to WGA is the concession that subsidiaries that are being held for disposal within 12 months need not be consolidated. But, if they're still there after 12 months, you have to consolidate them from the date of acquisition and restate your accounts accordingly.

This was all true even before the Hester bonus kerfuffle. But what the interference over his pay demonstrates is that government won't be a passive investor while the banks get back on their feet. Instead  it will be getting its hands very dirty by meddling in all sorts of operational decision-making. The remuneration committee had already approved his bonus, in accordance with the terms of the contract he signed with the previous Labour government. That contract is shredded today, thanks to Labour's naked and hypocritical opportunism, and the Tories' shameful lack of backbone.

Yet it makes it all the more difficult today to argue that RBS is a soon-to-be-disposed arm's length business. It's quite clearly just another political operation. So government will face increasing pressure to consolidate RBS when it issues the next set of WGA later this year.

Notes:

  1. IAS 27.17

Joe Lee, you're a hero

Posted by Christie Malry on January 27, 2012 at 8:51 pm

There's a good letter in today's City AM:

Held accountable

I watched Nick Clegg’s interview on BBC Breakfast TV yesterday morning and was furious to hear him say “for those who can't afford an accountant to fiddle their taxes”. How dare he. I assume therefore that he does his own return?

I’m fed up of politicians referring to accountants as one degree away from criminals. Professional, qualified accountants like myself have a high degree of integrity and abide by the UK tax laws, we do not “fiddle” taxes.

Joe Lee ACCA FMAAT
principal, Apple Accountancy Services

I totally agree. Clegg's assault on our profession demonstrates a total lack of understanding of what tax accountants actually do. He should be ashamed of himself.

Two interesting looking accounting events from ICAEW

Posted by Christie Malry on January 26, 2012 at 8:16 pm

Via e-mail, I learn of two interesting looking events on financial reporting that the ICAEW is running.

First up is the 2012 Information for Better Markets conference, which will be held on 17-18 December 2012 on the subject of ‘Who is Financial Reporting for?’.  They suggest you can register your interest by e-mailing them.

Second is the 2012 PD Leake Lecture, which will take place at 6pm on 11 October. It's being given by Professor Martin Walker on ‘How far can we trust earnings numbers? What research tells us about earnings management’. They don't say how you register your interest for that, but I guess you could e-mail them about that too. I watched the webcast of the 2010 PD Leake lecture and it was really fascinating.

 

Get stuffed, ASH

Posted by Christie Malry on January 25, 2012 at 10:05 pm

ASH are making idiots of themselves again:

A new report by FairPensions and ASH (Action on Smoking and Health) has challenged the long held view that UK local authority pension funds can hold 'unethical' assets such as tobacco in order to fulfil a legal duty and  maximise investment returns

With tobacco sales declining for the first time in 2010 and savers continuing to express concerns over whether their money is invested 'ethically', the report claims to expose misconceptions surrounding investors' duty to have tobacco as part of their portfolio. 

The report is launched with figures showing that councils across Britain have at least £1.3bn of employee pension funds invested in tobacco.

Both organisations claim that the three most heard arguments in favour of schemes investing in tobacco can no longer be upheld.

One of the most heard arguments; that is a trustee's "legal duty to maximise financial return" and that a trustee "cannot give consideration to ethical issues", is dismissed by the report as being "somewhat simplistic".

"Although local authority pension funds are governed by different laws to other types of pensions, members of their pensions committees have similar fiduciary duties to pension fund trustees," says the report.

"The phrase 'duty to maximise return' does not appear in any UK statute or case law. Pension fund trustees have a fiduciary duty to invest 'in the best interests of members and beneficiaries'. This is based on the common law duty of loyalty, which exists to ensure that trustees avoid conflicts of interest and do not abuse their position to further their own ends. Trustees also have a duty to invest prudently."

The report also claims that the two other common justifications for the investment practice, (that trustees do not interfere with the day-to-day decisions of external investment fund managers and that tobacco is a low risk, high return investment) are no longer valid.

Now, I mostly hate smokers. I hate the way they smell, I hate the litter they make, and I hate how they're always in the fucking way the whole time, whether walking down the street or when entering or leaving buildings. I hate how they use stupid schoolboy arguments to rationalise their irrational habit. I really hate how they see themselves as funding the NHS single-handed, as if that excuses all their other sins.

However, smoking remains legal. Although I don't smoke myself, I have no qualms about investing in tobacco companies and making money from the addiction of smokers (I've made quite a bit of money in doing so). Yet I can see that some people do have a problem with it.

But when you sign up for a local authority pension, you forego any right to determine what equities your pension fund is invested in. Local authority pensions are defined benefit, ie they promise you what pension you'll get in retirement. If you want a fund to call your own, over which you can make investment decisions, then defined benefit pensions aren't for you. You'll be wanting a defined contribution pension plan instead, just like we private sector taxpayers have been enjoying for years.

You can't have it both ways. Either take your defined benefit pension and shut up, or move to a defined contribution pension scheme. ASH and FairPensions are trying to have their cake and eat it. They can get stuffed.

Do you know the way to ICAEW?

Posted by Christie Malry on January 25, 2012 at 12:21 pm

If you don't, you won't find this sign,at the junction of London Wall and Copthall Avenue, much help.

It's pointing the wrong way!

image

Another accounting lesson for Eoin

Posted by Christie Malry on January 24, 2012 at 10:08 pm

The rate of profits made by companies who work in oil & gas are upwards of 44%. This is at the same time as the rates of profit in manufacturing are less than a quarter of that. Clearly, some sectors have a fast buck culture where their rates of profit do not match the work that they are doing. Multinational Companies operating in the UK should have their rates of profit capped at about 25%.

Oh brother. Let's just have a little look at BP's accounts for 2010:

Revenues: $297 billion

Loss before tax: $4.8 billion

Which I calculate to be a rate of loss of 1.6%.

OK, so 2010 was an extraordinary year for BP, given that it had to pay out bilions of dollars to pay for the cleanup of the Gulf of Mexico (see why they have to charge so much now, Eoin?). Let's look at 2009:

Revenues: $239 billion

Profit before tax: $25.1 billion

That's a rate of profit of 10.5%. I give up. Where on earth does he get his idiotic figures from? Clearly not from the accounts or from anything even remotely resembling reality.

Oh, and these are fun:

No employee/er or shareholder should receive a bonus in shares or payments of above £1m in any one year. The Sainsbury's boss for example received several millions in bonuses and shares while the same company hired disabled teenagers to work UNPAID. 

The idea that no shareholder can receive a bonus in shares or payments above £1m in any one year will totally fuck with any large pension fund. They'd have to reduce their holdings to ensure that they didn't receive dividends in excess of £1m, which for many companies wouldn't require that large a holding.

And forcing bosses to receive smaller bonuses will generally mean that they'll seek larger salaries. That makes payment for failure virtually guaranteed.

Ah, but Eoin has a plan:

No worker should ever be allowed to earn 2000% more in one year than the lowest paid worker in the company. The Tories had previously suggested that they might support this during the General Election campaign.

OK, so you've got an apprentice on £2.60 an hour and he works 9-5 for 40 weeks a year. That's a salary of £4,160 per annum. That would mean the boss can earn no more than £87,360. Is that realistic for a large engineering company, or would any prospective candidates make sacking all apprentices their first priority just so they can earn a bit more money?

His grand plan would see the total annihilation of every apprentice programme in the country, dumping loads of half-trained youngsters out of their jobs and onto the street. What a masterstroke!

Banks should retain the same accounting standards as other businesses

Posted by Christie Malry on January 23, 2012 at 12:55 pm

There's been some press attention to a speech that Andy Haldane, a Bank of England director, gave at the ICAEW's Information for Better Markets conference in December.

Of most interest to the media was the suggestion that banks ought to be able to follow a different set of standards to other businesses because, basically, banks are different. I'm afraid I don't agree.

Having discussed this a bit on Twitter, I do share Frances Coppola's concern over banks following the fair value model in a rising market, then seeking to abandon it when the market falls. But the accounting rules were very clear about what should be done. It was unacceptable political interference in those standards that led to the rules being relaxed. It's not clear to me how aligning bank accounting standards with prudential regulation will reduce political meddling. If anything, wouldn't it be likely to make it easier?

Secondly, we just don't need to change accounting standards to make prudential regulation more effective. The regulator already has a lot of power at its disposal to demand information. So why not use those powers instead of reducing the usefulness of information available for shareholders? The precedent is there in corporate tax: the tax authorities request what they need, and amend information in the financial statements if necessary. No serious commentator has suggested aligning tax and financial reporting to reduce tax avoidance. And Haldane's suggestion fails for the same reason.

Why tell lies about the benefit cap?

Posted by Christie Malry on January 22, 2012 at 9:10 pm

It didn't take them long to start trotting out all sorts of nonsense about the proposed cap on benefits.

The worst hit, of course, are large families in the south-east, where rents are higher. Even in Tolworth, described by the Evening Standard as the "scrag end of Kingston borough", a four bedroom house will give you little change from £400 a week. Cutting housing benefit to £100 a week – which is broadly what the cap means if you have four children – makes life impossible. After rent, council tax and utilities, a family with four children would have 62p per person per day to live on. That is physically impossible.

Do you see what they've done there?

They've worked out the total benefits package that a family of four would get. Then they've made up some numbers for what this family would have to live on. Then they've complained that this would leave the family with only 62p per person per day.

Of course, this family doesn't have such a paltry amount. They've actually got £11.87 [(£26,000 / 6) / 365] per person per day to live on. And every single penny of that £11.87 comes from the good grace of working taxpayers.

Now it's true that rents are expensive. And that utilities are expensive, so a great deal of that £11.87 needs to be spent on those items. But they're also expensive for those who work. A family of four would need to earn a great deal more than £26,000 in order to actually bring home £26,000 because they have to pay tax on their income. And they would still face the same pressures of expensive housing and expensive utilities. It's an appalling insult to those who work to pretend that the real poverty is faced by those who are propped up to the tune of £11.87 every single day for each of their six non-working members.

And pretending that it's not £11.87, but is really only 62p, makes that insult a thousand times worse. Shame on you, Tim Leunig.