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- With permission, I should like to make a statement on tax avoidance, evasion and compliance.This Government take a balanced approach to the public finances, investing in our vital public services while getting our debt down and keeping taxes as low as possible, and part of that approach is that everybody must pay the tax that is properly due. The vast majority of taxpayers, from individuals and the smallest businesses to the largest companies, already pay their fair share. This Government recognise their duty to that compliant majority to build a fair and sustainable taxation system and, through that system, to make sure that those who try to avoid or evade their tax liabilities are held to account.Our approach is working. At 5.7%, the tax gap is at a near-record low. The difference between the tax that should be paid to Her Majesty’s Revenue and Customs and the actual tax that has been paid is at its joint lowest level in five years, thanks to HMRC’s sustained efforts to tackle non-compliance and to help customers get their tax affairs right first time.HMRC tailors its approach to different taxpayers, subjecting the largest businesses and the wealthiest individuals to the greatest level of scrutiny, while using data and digital tools to help smaller and mid-sized businesses to get it right, with close attention on those where avoidance or evasion is suspected. We must make sure the tax system is not a barrier to setting up, running or growing a business, but we should never forget that the tax brought in by HMRC directly funds our vital public services.I am proud of this Government’s success in this respect. Since 2010, we have introduced over 100 measures to tackle tax avoidance, evasion and other forms of non-compliance. Alongside this, HMRC’s compliance work has secured and protected £200 billion in tax revenue that would otherwise have gone unpaid. In addition, at Budget 2018 the Government announced a further 21 measures that together are forecast to raise around £2.1 billion by 2023-24. This success demonstrates the Government’s continued efforts to address tax avoidance, evasion and non-compliance in all its forms.At the same time, the Government recognise that these efforts must be designed and targeted carefully. All HMRC powers, which are given by Parliament, must be accompanied by the necessary safeguards to ensure that they are used correctly. The Government will keep the tax administration framework under review, in consultation with interested external stakeholders, to ensure that it continues to strike the right balance between robustly challenging tax avoidance, evasion and other forms of deliberate non-compliance and treating all taxpayers fairly.As part of our continuing efforts to reduce the gap between money owed and money paid, the Government have also set about reforming the rules that govern off-payroll working. These rules, known as IR35, were first introduced in 2000 to ensure people working through their own company, who, but for the existence of the company, would be taxed as employees, pay broadly the same tax and national insurance as other employees. The rules do not affect the genuinely self-employed and the Government recognise the contribution that contractors make to business and to public services across the country. Our aim is simply to ensure that contractors who work through their own company pay the right tax.However, evidence has suggested that these rules have been frequently misapplied, so contractors were incorrectly paying tax as though they were self-employed when they were actually acting as employees. It is right and fair that everyone must pay the tax that is due irrespective of the nature of their employment. We want a tax system that is simple and clear to use, so that businesses and individuals alike can understand what they owe and how and when to pay it.In April 2017, the Government introduced new rules for public sector organisations that take on contractors through their own company. The reform means that public sector organisations are now responsible for deciding both whether the contractor is acting as an employee, and therefore within the rules, and ensuring the right amount of tax is paid.I am pleased to report to the House that this has proved to be effective, with HMRC estimating that an additional £550 million has been raised in income tax and national insurance contributions in the first 12 months since the measure was introduced. However, non-compliance in the private sector remains a persistent and growing problem that, if left unchecked, will cost the taxpayer as much as £1.3 billion by 2022-23, according to the Government’s estimates.In last year’s Budget, the Government announced that we will extend the reform of off-payroll working rules to the private sector from April 2020, and tomorrow we will publish a consultation to seek views on the detailed design of the reform to enable effective implementation. By changing the design of the off-payroll working rules, we are helping individuals working in this way to ensure that they are compliant with the existing legislation. For this reason, the Government’s focus will be on supporting organisations and businesses to apply the rules, rather than enforcing historical cases. Our aim is to provide individuals and businesses with greater certainty around how the off-payroll working rules will operate from April 2020 and the actions that individuals and businesses can take to prepare for the reform.Our reforms to off-payroll working are just one of the ways in which this Government are ensuring that we have a tax system that is fit for the 21st century, and I commend this statement to the House.
- 7:59 pm
- The Opposition came to Parliament today prepared to debate, to amend and to scrutinise the Financial Services (Implementation of Legislation) Bill, and we did so in good faith, even though we were given just three hours to table amendments to the Bill last week, having been told on Wednesday afternoon that the remaining stages would be taken today. I should make it clear that the Bill had only come out of Committee the day before, on Tuesday, and that the business for this week was announced only last Thursday.Let me be absolutely frank. The Bill has been pulled, and this statement scheduled instead, for one simple reason: the Government thought that they were going to lose. They have shown such contempt for Parliament today, and they are in such a state of chaos, that even the annunciator could not keep up with them this morning. This is not a statement from the Government on tax avoidance; it is a poor attempt to put up something that the Government can hide behind, because they are afraid to let Members of Parliament vote on the provisions of the Financial Services (Implementation of Legislation) Bill.There were two main amendments to the Bill. The first would have prevented the Bill from legislating for a race to the bottom in regulatory standards if we were to crash out of the EU without a deal—something that the Government say they are already committed to. The second, standing in the names of my right hon. Friend the Member for Barking (Dame Margaret Hodge) and the right hon. Member for Sutton Coldfield (Mr Mitchell), would have compelled the introduction of public registers of beneficial ownership in the Crown dependencies and reiterated their introduction in the overseas territories—something that the Government are already committed to doing. It is woeful and embarrassing for the Government to pull the business of the House today, to avoid Parliament having a say on those amendments, and to make this statement instead.
- I thank the hon. Gentleman for his reply. He spent some time focusing on the legislation that was due to come before the House this evening. Some amendments have been tabled, particularly the second one to which he referred, that could have significant constitutional ramifications for our Crown dependencies and overseas territories. For that reason, and given that the amendments were tabled only last Thursday, it is only right that we should have time to consider these important matters. They are not directly Treasury matters; they are more a matter for the Foreign and Commonwealth Office and the Ministry of Justice.The hon. Gentleman refers to wanting to see public registers of beneficial ownership of companies, but he neglected to mention that we have already introduced these in respect of UK companies. That came in in 2016, and that database has been accessed in excess of 2 billion times. He mentioned that we have already made commitments to work with the overseas territories to bring in those measures by 2023. He asked me specifically what the meaning was, in the context of IR35, of focusing particularly on future compliance rather than on the history of the businesses that would be in scope of this measure. This is simply a clear indication that this is not about trawling through previous activities. It is about looking to the future and ensuring that we take a fair, proportionate and reasonable approach to IR35 as it goes into the private sector.The hon. Gentleman asks me whether there were any implications for the loan charge. I know that people often conflate IR35 and the loan charge in relation to disguised remuneration, but as he will appreciate, they are entirely different things. There is no implication in any element of my statement on any change in respect of the loan charge.The hon. Gentleman makes an important point, in relation to our national security, about the importance of general transparency in business and tax affairs internationally. I remind him that this Government and this country have been at the forefront of the base erosion and profit-shifting project with the OECD and that it is this country that has helped to drive our common reporting standards, which provide information across hundreds of overseas tax jurisdictions. With that, I will conclude, because I think that I have addressed the points that the hon. Gentleman has raised.
- The Minister, whom I respect greatly, has been handed an enormous hospital pass today, although perhaps not as great as the one handed to the Secretary of State for Health earlier, when he had to justify the conduct of one of his Cabinet colleagues. I should like to ask the Minister to build on what the hon. Member for Stalybridge and Hyde (Jonathan Reynolds), the shadow Minister, was saying. The Minister said in his statement that“the Government’s focus will be on supporting organisations and businesses to apply the rules, rather than enforcing historical cases.”Have the Government learned from the 2019 loan charge cases, where people are very concerned about the importance of historic cases rather than looking forward? Is the Minister saying that these changes will be done differently from what we see happening under the loan charge?
- I thank my right hon. Friend for her questions. To reiterate, there is no connection between the loan charge and IR35; they are two distinctly different aspects of Government taxation policy. The purpose of my statement, in making it clear that we will not be actively or aggressively looking at previous activities in this area, was to show that we recognise that we need to get this right and that we need to support employers and contractors as we go through this process. That is the approach that we will take.
- We should have been debating the Financial Services (Implementation of Legislation) Bill this evening, but the UK Government are clearly feart. Can the Minister tell us when the Bill will return to the House? We were told that it was vital, urgent and necessary in the event of a no-deal Brexit, yet today we find that that urgency has evaporated. The statement today is nothing but a fig leaf to cover the embarrassment that the UK Government feel over the amendment tabled by the right hon. Members for Sutton Coldfield (Mr Mitchell) and for Barking (Dame Margaret Hodge). The Government should have acted on this after the Sanctions and Anti-Money Laundering Act 2018, but on public registers of beneficial ownership, they have taken their lead from the Prime Minister and kicked the can down the road to 2023.On IR35 and the loan charge, what assessment has the Minister made of how many people were forced into the system by their employers and what action has been taken by the employers involved in those cases? How many people were separate from that and perhaps knowingly used the system to avoid tax? It seems to me that they are two separate classes of people who should be recognised and treated differently as we go forward.On compliance and enforcement, this Government have a poor record because they have already closed HMRC offices in Scotland, the local knowledge of which played a vital and valuable role in enforcement, ensuring no avoidance or evasion and enforcing compliance. My hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) has asked this before, but will the Minister put the plans to close the HMRC office in that constituency on hold because it plays a vital role in the tax avoidance, evasion and compliance regime?Finally, will the Minister act to make Companies House part of the anti-money laundering regime, which would close a huge loophole in the system that allows people to register companies falsely? Will he take action on Scottish limited partnerships, which are still allowing people to hide money and move it around? The last time I asked about SLPs, thousands of people still had not registered as a person of significant control but had not been fined. Does he not have an interest, as a Treasury Minister, in having that significant amount of money in the Treasury coffers rather than going unpaid?
- The hon. Lady asks about when today’s business will return to the House. That will be a matter for the business managers and the usual channels in the usual way. She asks about the loan charge and, specifically, about those who would be impacted by it, and I can tell her that, of the £1 billion that has been received by HMRC via pre-loan charge settlements, some 85% of those settlements by value came from companies, rather than from individuals. HMRC will go for companies in the first instance.The hon. Lady raises the issue of HMRC offices up and down the country. We are going through a transformation programme, as she will know, reducing the number of offices from 170, some of which had fewer than 10 staff, to produce 13 state-of-the-art hubs that will move our tax authorities into the 21st century, and so much more can be done through analysis, computers and intelligent interventions. I was privileged last week to visit our new office in Bristol, which will be the hub for the south-west of England. It is a truly stunning building that will house a state-of-the-art approach to tax collection.The hon. Lady mentions Scottish limited partnerships and urges the Government to act. She will know that we have already taken action in that respect. The main point remains that we have been successful in keeping our tax gap as one of the lowest in the world, safeguarding and protecting some £200 billion of tax, which, let us not forget, is there for a purpose. Taxes support our vital public services, our doctors, our nurses, our brave servicemen and women, and our police force. We need that money, and that is why I am proud of our achievements in that area.
- My right hon. Friend is right to say that the best approach is to get things right for the future, rather than to overemphasise enforcement of the past, particularly when people may well have acted in good faith when they received professional advice. That takes me to the loan charge and I will press the Minister on that. The Government accepted a new clause to the Finance Act 2019 relating to a review of the loan charge. For that to be meaningful, it must have an independent element and must be given time to do its work. Would not common justice indicate that the sensible thing for the Revenue to do would be to use its discretion to suspend the implementation of the loan charge against individuals until the review has been fully completed and its conclusions fully digested and debated?
- During the passage of the Finance Bill, we committed to provide a report by 30 March, which is shortly upon us and, of course, is prior to the moment when the loan charge will come into effect, which is at the beginning of the coming tax year. My hon. Friend referred to whether individuals getting involved in such schemes knew what they were all about, but if something looks too good to be true and one ends up being asked for basically no or little tax, it probably does not work and that, I am afraid, is the case.
- I know that this Government find it difficult to listen to anybody and to accept the will of Parliament and legislation if they do not like what it says—they have form—but I want to ask the Minister two questions, one relating to the overseas territories and one relating to the Crown dependencies. On the overseas territories, it is utterly shameful for this Government to ignore legislation that was enacted only last year and to invent their own date for the implementation of public registers of beneficial ownership. If the Government are serious about wanting to tackle tax avoidance, tax evasion, financial crime and money laundering, they ought to be acting with greater speed, not delaying the implementation of legislation and ignoring the will of Parliament. Will the Minister explain to us what on earth the Government are doing?On the Crown dependencies, I cannot for the life of me understand how the Minister can pray in aid the constitutional implications of this House legislating on a matter that was perfectly in scope in relation to the Bill that the House is considering and perfectly in order on the matters it was attempting to address. Such praying in aid of inadequate and ill-thought-through reasons simply will not do. Indeed, I cannot understand why the Minister does not recognise the consensus across this House on the issue. Transparency is a vital tool in fighting tax avoidance, evasion and financial crime, and all we want is that transparency to exist across the family. Would it not be better for the Minister to concede gracefully to the will of Parliament, rather than battling limply to a defeat in the future?
- I assure the right hon. Lady that I always listen extremely carefully to what she has to say, as I have done in the context of her current two questions. She asked why we are delaying—as she terms it—the implementation of public registers of beneficial interest for overseas territories. The short answer is that it is important that we allow time to ensure that we get these things right, not least because our Parliament is legislating on behalf of another jurisdiction—albeit one that is closely related to ourselves. It is important that we are considered and measured in that way.The right hon. Lady’s second question relates to the Crown dependencies. She made the quite legitimate point that the amendment to the legislation that was due to go through this afternoon was indeed in scope and in order. However, that is not the same as saying that that contradicts my earlier point that that particular amendment would have considerable and significant constitutional ramifications for our Crown dependencies. For that reason, as I stated earlier, the Government feel that it is important to reflect carefully upon that before we come back with the legislation in due course
- Nigel Mills (Amber Valley) (Con)I welcome the statement before us—if not its existence, at least its content. The Minister says that he wants to support individuals. Can he create a mechanism whereby someone can have their standard contract precleared by HMRC so that, if they engage with half a dozen customers a year, they will not get half a dozen different treatments chosen by those companies when they put the contract through their tool, or something similar?
- The issue of ensuring that we make it as simple as possible for employers to be able to assess the employment status of employees or contractors providing services is extremely important. It is central to the consultation that I have announced will open tomorrow and run for several weeks, and I urge my hon. Friend to contribute to it with his specific idea.
- Can the Minister explain why, on a day when they pulled business to avoid defeat on an amendment that could have meant the wealthiest businesses paid millions of pounds in tax, the Government feel it is acceptable to clamp down on ordinary families for national insurance and not pursue widespread, large-scale tax avoidance?
- On the first part of the hon. Lady’s question, I think I have already answered why we decided not to go ahead with the legislation today. On clamping down on national insurance issues, I am not entirely sure to what she is specifically referring. If she would like to have a word with me after this statement, I would be happy to have a look at it.
- May I accuse the Minister directly of encouraging a very large number of people to avoid tax? Is it not the case that, in 2010, when the Conservatives came into government, low-paid people had to earn only £6,500 a year before they paid income tax, but from next month the income tax threshold will be £12,500? May I accuse him of taking millions of people out of income tax altogether? Is not the fundamental truth that, if tax rates are lowered, tax take is increased by encouraging economic growth, giving us all more money to spend on public services?