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.

The UK is not a tax haven

Posted by Christie Malry on January 16, 2012 at 8:59 pm

This is Tory tax haven policy – to make the UK a centre for the abuse of global capitalism at cost to the ordinary people of this country who will gain nothing from this move because Aon won’t be contributing hardly a bean for making use of the UK as the centre of its global non-taxation.

Yep, it's you-know-who, in an article he's entitled Tax haven UK is attracting business. And, challenged to explain just why he thinks it appropriate to refer to the UK as a tax haven, he refers us to the Financial Secrecy Index.

Where to start with all this? Well, let's start at the beginning. Firstly, it's clearly apparent that any measure of 'tax haven' that includes the UK must be complete bollocks. Include the UK, and you might as well include very country in the world. The UK has a long tradition of fairness, openness and transparency and any measure that fails to reflect that cannot be worth the paper it's written on.

And it all hinges on the Financial Secrecy Index work, produced by Ritchie's old friends the Tax Justice Network. Although he now claims to have no connection with TJN, they're still his mates, so their work can hardly be classed as independent. The only reference in the link Ritchie provides is to work co-authored by him. But what's the methodology of the FSI? It's the following:

The fifteen indicators used for scoring secrecy are:

Knowledge of Beneficial Ownership

  1. Bank Secrecy: Does banking secrecy have a statutory basis and are banks required to collect and maintain adequate records about their clients
  2. Registration of foundations and trusts: Can foundations and trusts be created and is there a public registry of foundations and trusts?
  3. Recording of company ownership: Are details of the beneficial ownership of companies submitted to and kept updated by a competent authority?

Key Aspects of Corporate Transparency Regulation

  1. Publication of company ownership details: Are details of company beneficial ownership maintained and made publicly available on the internet at reasonable cost?
  2. Availability of company accounts: Does the jurisdiction require company accounts to be submitted to a public authority, and are these accounts made publicly available on the internet at reasonable cost?
  3. Country-by-country reporting: does the jurisdiction require companies listed on the national stock exchange to comply with a country-by-country reporting standard?
Efficiency of Tax and Financial Regulation
  1. Efficiency of tax administration: does the tax administration make use of taxpayer identifiers?
  2. Taking measures to not promote tax evasion: does the jurisdiction apply a tax credit system for receiving interest and dividend income payments?
  3. Fitness for information exchange: are all paying agents (e.g. banks, trust and foundation administers, etc.) required to automatically report payments to non-residents to the tax administration?
  4. Harmful legal vehicles: does the jurisdiction allow the creation of cell companies, and are flee clauses for trusts prohibited by law?
International Standards and Cooperation
  1. Anti money laundering measures: assessed on the basis of compliance with FATF standards
  2. Provisions for automatic information exchange: does the jurisdiction participate in the AIE provisions of the EU’s savings tax directive, or does it offer a withholding tax alternative?
  3. Bilateral treaty provision for information exchange: how many double tax agreements and tax information exchange agreements have been agreed?
  4. International treaty commitments: including the 1988 Council of Europe/OECD Convention; 1988 UN Drug Convention; 1999 UN International Convention for the Suppression of the Financing of Terrorism; 2003 UN Convention Against Transnational Organised Crime; 2005 UN Convention Against Corruption;
  5. International judicial cooperation: FATF recommendations 36, 37, 38, 39 and 40 relating to mutual legal assistance and other forms of cooperation

(I'm sorry, I had to renumber the criteria from the original 1-15)

And we can find elsewhere the report on the UK which gives the scores on the doors.

And that's your howler, right there. He's gone from a scoresheet under which the UK scores an excellent 11/15 "good" answers to a measurement that the UK is 45% tax haven and 55% transparent.  This simply cannot be right. Especially when you consider that one of the UK's "bad" answers is in not having full country-by-country reporting. No country has full country-by-country reporting because the idea is equal parts expensive, bonkers and useless (for why I think this, read this blog post I prepared earlier). Despite the UK's long tradition of the rule of law, compliance in full with global protocols robust tax enforcement, it's deemed to be 45% tax haven.

How the weighting actually works in practice isn't explained in their reports. But it's clearly a total load of nonsense.

What does this all prove? Not a lot, really, other than the extreme danger of believing seductively-printed reports that purport to have an academic justification but which, when you dig beneath the surface, are just a load of hokum. And, when Ritchie and others claim that the UK is a tax haven, you can tell them - with authority - to check their workings.

Elsewhere, Simon Cooke argues that we do really want the UK to be a tax haven.

Blowing my own trumpet: City AM on tax avoidance

Posted by Christie Malry on January 10, 2012 at 7:41 pm

Oh, looky, Anthony Evans in CityAM's Forum:

In a recent report, Action Aid found that 98 per cent of FTSE 100 companies had subsidiaries that operated within a tax haven. There are problems with how they define tax havens, and Christie Malry’s FCA blog has already taken them to task for this. They use a conventional definition from the US Congress’s Government Accountability Office and then supplement it with a mixture of states and countries that they arbitrarily define as tax havens. Since this list includes parts of the US and EU it should be taken with a large pinch of salt. However, when a TV news channel reported this, it implied that owning a subsidiary within a particular country is the same thing as the entire company being based there, claiming that “98 out of the 100 companies on the FTSE 100 base their operations in territories where there is low or no tax.” This would be like saying that Coca Cola, McDonalds and Ford are “based in the UK” purely because they have operations here. Once this started circulating, some people mistook “low or no tax” with simply “no tax”, feigning outrage that 98 per cent of the UK’s 100 largest companies do not pay tax at all. But all companies pay tax.

Wow, thanks!

The original blog post to which Anthony refers is here.

More #ukuncut tax balls

Posted by Christie Malry on January 6, 2012 at 9:59 am

From a particularly idiotic online petition:

Our tax chief had secret lunches with Vodafone and Goldman Sachs and then handed them billions in tax breaks – while keeping Parliament in the dark!

No. HMRC hasn't handed out tax breaks. It has taken a view on how the tax law should be applied and, in both cases, decided that it the benefit of settling now outweighed the cost of enforcement, taking into account the likelihood of success and potential impact on future cases.

The tax under dispute in the Goldman Sachs case is measured in the tens of millions, not billions. It's by no means a trivial sum, but it's a country mile from UKuncut's hyperbole.

The idea that HMRC kept Parliament in the dark is particularly lunatic. Parliament is an oversight body, not a managerial function. All sorts of activity takes place in government departments of which Parliament is unaware. That's why we put each department under the watchful eye of ministers. Ministers are then accountable to Parliament for what happens in their departments on their watch. 

MPs are outraged, claiming we are owed over 25 billion pounds in back taxes from these and similar dodgy deals. But the tax agency has blocked an inquiry into the scandal and refuses to release documents to shed light on why these tax breaks were ordered in the first place.

MPs didn't claim we are owed over 25 billion pounds of back taxes. The PAC report noted that there is some £25 billion currently under dispute. But that's not the same thing at all. HMRC thinks it is owed £25 billion but the taxpayer disagrees. Therefore there will need to be some form of dispute resolution, potentially involving the courts, to decide who is right. Do UKuncut really believe that the tax due is the amount HMRC asks for first time? Do they really believe HMRC never gets it wrong?

Tim Worstall covers this issue in more depth here.

By acting together now we can ensure full transparency on the Goldman Sachs and Vodafone deals, and get them to pay the tax they owe. Let’s turn up the heat -- sign the petition to David Cameron for tax justice -- we’ll deliver it with a splash next week.

I think you'll find that the Vodafone case is settled and that due process will make it impossible to reopen.

And let's all be thankful that we do actually have a process for determining the tax due in this country instead of the stupid Humpty Dumpty process that UKuncut seem to think they want. 

Tax and Judaism

Posted by Christie Malry on January 6, 2012 at 8:22 am

There's an absolutely fascinating piece in Taxation about similarities between our current tax law and some of the ancient principles of Judaism.

Charitable giving is important in Judaism, so it's understandable that, over time, principles will have built up in order to determine what level of charitable giving is fair and reasonable. The article looks at inheritance, the determination of income and reasonable deductions from income. I'm afraid my knowledge of Judaism is sketchy to say the least, so I can't verify that the article has got everything right but it's thought-provoking nonetheless. However, it does seem plausible that in seeking to determine a system of taxation, authorities would look to align them to concepts in existing structures, such as religion, for good pragmatic and policy reasons. 

The full article is here, and is well worth a read.

So, is there anyone out there who fancies undertaking a similar exercise in relation to Christianity?

Yet another proposal to make tax returns public

Posted by Christie Malry on January 3, 2012 at 8:49 pm

I propose that all income tax returns of anyone living in the UK should be in the public domain.  These should also include a nil return for those not paying any income tax at all.

The benefit would be to highlight those who are evading tax or pinpoint those who are earning large sums and paying little.  The present levels of tax evasion and tax avoidance are large and they penalise ordinary people who pay their money usually through PAYE and don’t cheat the system.

Says  Lord Dubs.

Well, I've said it before and I'll say it again. If Lord Dubs or any other person genuinely thinks it's a good idea, why not volunteer the information yourself? Show us how you've got nothing to hide and how there's really nothing to fear from having this information in the public domain. Demonstrate how we're all wrong when we say it's an appalling invasion of privacy and a bonanza for identity thieves.

Otherwise, you know, you can just fuck right off, matey.

Tax lesson for the Daily Telegraph

Posted by Christie Malry on January 2, 2012 at 9:54 am

Earlier this year, chief executive Bob Diamond was forced to reveal that the bank operated nearly 300 subsidiaries in tax havens and had paid just £113m of corporation tax in the UK in 2009 – a year in which it handed out £3.4bn in bonuses.

Well, duh. You may as well compare the amount of tax paid to the amount spent on cut flowers or heating. Bonuses are a business expense. Companies deduct bonuses in arriving at their taxable profit. Barclays could, if it wished, pay all of its profits out in bonuses, reducing its taxable profit to nil.

By comparison, corporation tax is the charge payable in the UK on the taxable profits earned in the UK.

Really, only a total moron would even attempt to compare these two figures. Just what is Philip Aldrick trying to achieve?

 

The Daily Mail and misinformation about VAT

Posted by Christie Malry on January 2, 2012 at 9:45 am

The Coalition government raised the VAT rate to 20 per cent in January. However there is an exemption for food, children’s clothes, tap water, passenger travel, books, newspapers and some other products.

No there isn't. These items are all subject to VAT, but at a rate of 0%. Some other goods and services are classified as 'VAT exempt', which means that VAT isn't charged on them at all.

This might look like meaningless sophistry to some, but it really does matter. Because a business that sells zero-rated goods and services can claim back its input VAT from HMRC. A business that sells exempt goods and services cannot, meaning that it must reclaim the VAT on its input costs via higher prices instead. It's for this reason that Ritchie made an idiot of himself last year when he claimed, wrongly, that banks get a tax break because of their VAT exempt status. They don't, because they suffer VAT on all their inputs.

So what the EU is actually proposing is that various country provisions for differential rates should be removed, which is a totally different proposition. Is it really too much to ask that a national newspaper get this sort of thing right?

Eoinomics: still bleating on about Vodafone

Posted by Christie Malry on December 30, 2011 at 8:32 pm

The huge profits amassed by Vodafone should have been viewed as a problem by Labour. We should have been concerned. But of course a New Labour principle was that we were 'okay with the filthy rich'. This principle led to a policy of Low Taxation. Tories reading will more readily recognize these as Tory principles in operation, not Labour ones. There was most clearly a detachment from core Labour values in pursuing this principle.

For the love of God, will someone please nail the facts to a baseball bat and then use it to bludgeon Eoin about the head until he accepts some basic facts about Vodafone.

Vodafone doesn't earn all of its "huge profits" in the UK.

Therefore it's totally right and proper that it doesn't pay tax on all of its "huge profits" in the UK.

Got me so far?

The dispute between HMRC and Vodafone hinged on whether certain profits earned outside the UK should be taxed as if they had been earned in the UK under the UK's controlled foreign companies legislation. That legislation sails pretty close to the wind with respect to EC law and has needed clarification as to its scope. You can't realisitically expect Vodafone to pay UK tax on its overseas profits without also foregoing UK tax on profits earned here by foreign companies.

But this isn't about some concerted campaign to reduce tax on the "filthy rich". It's about taxing in the UK only those profits that are earned in the UK.

Let's hope that Eoin has made a New Year's Resolution to think before he blogs.