Read The Times Australia

Daily Bulletin

Labour pledge to tackle tax avoidance is vital, but it will need to get tough with the industry

  • Written by: The Conversation

The Labour Party has put tackling tax avoidance firmly on the election agenda, with its manifesto highlighting it as a way of reducing the deficit.

Its ten-point plan to raise £7.5 billion a year says it will review the operations of Her Majesty’s Revenue and Customs (HMRC), attack the informal economy, reform the UK’s Overseas Territories and Crown Dependencies, close loopholes that enable corporations to shift profits from the UK to low or no tax jurisdictions, tackle the tax gap (of avoidance, evasion and tax arrears) and impose penalties on those engaged in tax avoidance. However, Labour does not provide any information about how it arrived at the estimate of £7.5 billion.

The above is an extensive list and poses considerable challenges. But they are worth surmounting because the future of social democracy is at stake. The UK may be losing anything between £35 billion and £120 billion a year in tax revenues – so in some ways £7.5 billion is a drop in the ocean of what’s possible. Political parties need to be more adventurous in tackling tax games through investment in infrastructure and penalties for the tax avoidance industry.

Investing in tax infrastructure

The tax avoidance industry gambles on the idea that HMRC will not have enough resources to investigate and prosecute complex avoidance schemes. Chasing tax avoiders requires forensic and technical skills, but it is also labour intensive. Since 2005, HMRC has lost nearly half of its staff. Wage freezes mean that staff morale is low and many skilled workers are poached by big accountancy firms – the organisations that design and market tax avoidance schemes.

Due to chronic staff shortages and chronic under investment in tax tribunals, there is a backlog of some 27,246 tax cases waiting to be heard by tax tribunals. Some cases run for a decade or more. Unsurprisingly, many cases are settled behind the scenes with sweetheart settlement deals or are just dropped.

The economic case for this is very strong. Available evidence suggests that in 2013/14, every £1 invested in large business investigations yielded £97 in extra tax revenues. Each additional £1 investment in enforcing compliance by local businesses and wealthy individuals brought £18 of additional tax revenues.

imageIn flux? HMRC in need of support.www.gov.uk

Beyond legal charades

The tax avoidance industry is very subtle in its operations. Court cases become mostly framed around “what the law means” (such as this recent judgement).

Investigations by the US Senate Permanent Subcommittee on Investigations shows how lawyers and accountancy firms work closely together to help clients avoid taxes for hefty fees. For a fee, lawyers provide favourable legal opinions to soothe client anxieties. Some US lawyers have since gone to prison for being a party to schemes.

When the cases do eventually reach courts, the matter gets tied into legal knots. At great public expense, tax tribunals and courts must work through them – often eventually declaring avoidance schemes and contrived interpretations of legislation to be unlawful. The company or wealthy individual taxpayer party to the scheme then pays the tax due plus interest and maybe a financial penalty.

But there is virtually no penalty on the tax avoidance industry. The designers and marketers of the schemes are not investigated, prosecuted or fined, and HMRC rarely seeks to recover any of the legal costs. So the industry has economic incentives to craft more schemes and the whole process begins again. The recent case of Andrew Chappell vs HMRC makes the point, it being only the eighth HMRC victory against tax advisory firm NT Advisors.

So if Labour is serious about clamping down on tax avoidance, it will have to craft legislation that imposes costs on the industry that profits from it. It would need to shut down habitual offenders. Partners of accountancy firms and other organisation peddling tax avoidance schemes would need to be made personally liable for fines and other penalties. As an additional pressure, it would need to ensure that any organisation associated with tax avoidance does not receive any public contracts. But so far it has been very hazy on the details.

Disclosure

Prem Sikka is director of the Association for Accountancy and Business Affairs (AABA), a not-for-profit organisation

Authors: The Conversation

Read more http://theconversation.com/labour-pledge-to-tackle-tax-avoidance-is-vital-but-it-will-need-to-get-tough-with-the-industry-40112

Business News

Inside the Icon: The BridgeMuseum Officially Opens at the Sydney Harbour Bridge

A bold new way to experience one of Australia’s most recognisable landmarks has arrived, with BridgeClimb Sydney officially opening the all-new BridgeMuseum.  Located inside the Sydney Harbour Brid...

Daily Bulletin - avatar Daily Bulletin

Is Your Brand Showing Up in AI Search? Most Melbourne Brands Aren't.

The New Front Door Nobody Told You About Something changed. Quietly. Without a press release. The way buyers find businesses in Australia has been rewired. Not replaced, rewired. Google isn't dead...

Daily Bulletin - avatar Daily Bulletin

How Australian Businesses Can Measure SEO ROI

SEO can feel vague when you are staring at a dashboard full of numbers that do not clearly connect to revenue. The key is to measure the right signals in the right order, then tie them back to outcome...

Daily Bulletin - avatar Daily Bulletin

How Commercial Roller Shutters Improve Site Security Without Slowing Operations

Security upgrades can be frustrating when they make everyday work harder. A door that takes too long to open, creates bottlenecks at shift change, or fails at the worst time can turn “better protectio...

Daily Bulletin - avatar Daily Bulletin

Why a Document Destruction Service Still Matters for Modern Businesses

Businesses generate large volumes of information every day, from staff records and contracts to invoices, reports and customer files. While attention often focuses on how documents are stored, the way...

Daily Bulletin - avatar Daily Bulletin

Bicycle Rack Safety and Space-Smart Storage

Bike storage problems usually show up as small annoyances first: tangled handlebars, scratched frames, and bikes that topple when you pull one out. Over time, those issues become safety risks, especia...

Daily Bulletin - avatar Daily Bulletin

How to Tell if a Childcare Centre Is a Good Fit for Your Child

Choosing childcare can feel like you’re making a huge decision with limited information. Tours are short, centres are often on their best behaviour, and your child might act differently in a new space...

Daily Bulletin - avatar Daily Bulletin

Car Import Timeline: What Usually Happens at Each Stage

Importing a car into Australia can feel confusing because multiple agencies and checkpoints are involved, and the timeline is shaped as much by paperwork quality as it is by shipping speed. The most u...

Daily Bulletin - avatar Daily Bulletin

Portable Toilet Hygiene Standards Explained: Clean vs Sanitised vs Disinfected

In portable toilet servicing, the words clean, sanitised, and disinfected often get used as if they mean the same thing. They don’t. And that difference matters because a unit can look tidy and still ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...

Why Stress Relief For Dogs Is Essential For Emotional Balance And Long-Term Wellbeing

Managing emotional health is just as important as physical care when it comes to pets, which is why ...