Is Tax Avoidance Morally Repugnant or Good Business Practice?

The Times has really set the cat amongst the pigeons with its front page attack on tax avoidance. The consequences could be devastating.

Karl Marx was reputed to have said that “all property is theft”, though it was Proudhon. Some might regard this statement as extreme but there is no doubt that the rich are very good at making themselves richer through clever manipulation of tax loopholes.

Tax is the hot topic yet again as The Times has begun a series of articles attacking what users and promoters describe as legitimate tax avoidance arrangements.

The story follows hard on the heels of the draft legislation to introduce the long-awaited General Anti-Abuse Rule, a piece of legislation that could change our tax landscape forever, if only by introducing uncertainty.

The big question that has been raised now is whether any kind of tax avoidance is permissible or acceptable? This could be looked at from the opposite viewpoint favoured by some very eminent tax barristers which assumes that anything allowed by the wording of legislation is fair game.

There has been a massive sea change in public, judicial and parliamentary attitudes to tax avoidance in the last couple of decades.

For many years, a strict reading of the legislation was the only measure used to determine whether tax should be payable or not. Now, increasing numbers of purposive interpretations based on what the law ought to have said rather than the words themselves have become de rigueur.

In effect, judges and now the government have decided that a strong moral and ethical stance is necessary in the field of tax avoidance or, at its edges, abusive tax avoidance.

Is this right? Nobody disagrees that the arrangement of one's affairs to minimise tax is acceptable up to a point. It is merely where that point should be located that causes consternation.

Few would object to someone making a donation to charity and claiming the associated tax relief. However, when this becomes substantial the government appears to take the view that it should be stopped.

At the other end of the scale, very rich individuals employ very rich advisers to minimise or completely eliminate tax liabilities based on such matters as a spouse's or civil partner's place of birth or the re-categorisation of salary into permanent loans.

It would be nice to think that before taking abusive tax avoidance steps wealthy individuals would consider the damage that they do to society, not to mention feeling sorry for those on minimum wage who may well have a higher effective tax rate than they do. Warren Buffett made this all too obvious when he admitted that he was paying the same tax rate as his cleaning lady.

At present, that does not appear to be the case in many instances and the consequence is a new set of legislation that may be difficult to implement when it finally hits the statute books and is likely to keep the courts busy for generations to come.

Now that The Times has the bit between its teeth, HMRC will almost certainly feel obliged to crack down on more of these schemes and few (apart from their beneficiaries) will shed any tears.

Quite why it takes a campaign by a national newspaper to fire the starting gun on steps that should have been implemented years ago is a mystery. Perhaps at long last, there will be a reversal of cuts in Revenue staffing but don’t hold your breath.

One fears that, as so often in these situations, the greed of the few will eventually lead to hardship for many as new legislation is introduced that is so widely drafted that the innocent are caught in the crossfire.

The Times has promised to run a series of articles on this subject and AccountingWEB will be keeping a close eye on developments.

This is the first of a series of six articles. The remainder can be found at the following links.

The Times v. The Tax Avoiders – Round II

When Does Tax Avoidance Become Tax Evasion?

10 Controversial Conclusions

The Law Is the Only Solution

A Call for Morality to Head off the Tax Riots

Comments
thisistibi's picture

Great

thisistibi | | Permalink

I think it's great what the Times is doing.  It's putting HMRC to shame - why couldn't they have done these investigations themselves if they were really serious about tax avoidance.

Will the GAAR really tackle the issues at hand?  It's too early to say perhaps.  I seem to get the impression that it might not bite where it ought to.

Resource Bound HMRC    2 thanks

Philip Fisher | | Permalink

I'm with you thisistibi but to be fair to the Revenue, they have no resources to take on organised schemes in a concerted way, as I have pointed out all too often.

Maybe this latest exposé will persuade the powers that be to release additional funds. It is certain that they would pay for themselves many times over.

thisistibi's picture

@Philip    1 thanks

thisistibi | | Permalink

I suppose HMRC is just a face of the UK Government, and as a recent leader in the Times pointed out it is the main or only face of the UK Government for many taxpayers/voters.  The poor quality of service combined with inability to tackle tax avoidance might be explained away by lack of resource/funding, but the government as a whole is accountable for their tax administration.  

To be fair to HMRC, they are actually better than other jurisdictions in some areas (the areas  mostly seen by advisers, such as consultation and tax enquiries) and they are pretty bad in the areas that most taxpayers/voters actually see. That is pretty unfortunate for the government and I wonder if HMRC really have their priorities right.

The government needs to sort out HMRC, whether it is with funding or better management - or both.

Avoision    1 thanks

Roland195 | | Permalink

I really enjoy the debates where people attempt to explain why tax avoidance is their duty as responsible entrepreneurs and that tax evaders should be shot at dawn. It is even more entertaining when we accountants attempt to explain why we feel it is our duty to assist one and prevent the other.

 

 

listerramjet's picture

The Times

listerramjet | | Permalink

do people still read it?

Is it really The Times?

angehodgson | | Permalink

or is it the Kettle? or the Pot?

Who Reads The Times

Philip Fisher | | Permalink

Jimmy Carr and Take That will be praying that nobody at HMRC does.

Morality and tax dont mix    5 thanks

DMS | | Permalink

I'm sorry, Philip, but I have to disagree. Introducing emotion and sentiment into technical calculations does nothing to provide the certainty that is required for a tax system to work. Tax is calculated according to the laws introduced by government, and the right to minmise that cost was enshrined by Lord Denning. Viewpoints may have changed since his day, but principles havent. The tax code is stupidly and dangerously long and out of control, and actively breeds inventive planning. Whose fault is that?

It is impossible to draw a line between acceptable and unacceptable that does not come back to "what the law says". You cant run a tax system in the court of public opinion, and the penchant for judges to interpret the law into what should have been said is just another example of a society going wrong. Already, you and I disagree, so how do you settle that when you are calculating a tax bill - by majority vote? That is nothing more than mob rule and the politics of envy. Or by learned judges deciding what they think the law should say - that is a tyranny.

But beyond that, there is also a probloem with perspective, Figures bandied around yesterday for tax losees from avoidance came to around £7b maximum (and that will never be 100% collectable). Compare that to the £100bn the government is borrowing every year to pay for a public sector we cant afford. It barely covers the interest on that bill.On top of that we have £1.2 TRILLION unfunded government liabilities. If you are looking for morally repugnant, then dumping these bills on my children and grandchildren because politicians are too cowardly to tell the current electorate we can no longer afford our lifestyle is a far better candidate.

Government waste and personal indulgence is beyond farce and dwarfs the figures involved for tax avoidance. Set HMRC onto that and get a far higher yield with less pain.

Finally, anyone who has ever paid cash for a cheaper service is in no posiiton to throw stones here.

Conspiracy Theory    1 thanks

Jack Jones | | Permalink

Isn't the Times part of News International? Is this an attempt by the Murdoch Empire to curry favour with the Government, part of deal struck in the "smoked-filled corridors" of No.10 or given that I understand David Cameron's family wealth comes partly  from offshore tax havens, is it a subtle attempt to embarrass the PM? Wonder if this will feature in PMQs...

Not just Buffett

Mike Truman | | Permalink

Buffett seems to have picked the comment up from Nicholas Ferguson of SVG Capital, the hedge fund, who used it some years ago in relation to the then business asset tapoer treatment of carried interest.

What about the consumers of the taxes?    1 thanks

lynamn | | Permalink

I would regard attempts to minimise the amount of tax paid as no different from the efforts of those on the public payroll to enjoy:

- higher pay than is justified by an analysis of qualifications and responsibility (More of Less, BBC R4 et al) or by the market rate for the work that they do in the location that they do it (Budget);

- unaffordably high rates of return on their pension contributions along with protection from the impact of the last Labour Gov'ts various raids on pension funds, and the state of the economy;

- full pay regardless of performance, because of a lack of bonus schemes and reportedly poor performance (paying £1 for 36p worth of milk, pretending to be a professional finance manager but be bailed out if the money is lost);

- business expenses that are deemed - inappropriately - as such.

They are less offensive, being legal, than: charging inappropriate items to employer-issued credit cards; taking sick leave when they're not ill, etc.

Tax avoidance and the class system    1 thanks

VIOLA26 | | Permalink

So David Cameron says when Jimmy Carr undertakes a tax avoidance scheme it is not morally acceptable but yet when asked about Gary Barlow he says he doesn't want to give a running commentary.  We now have the class system within tax avoidance.  If you are OBE and part of the establishment you are free from critisism but if you are a Jimmy Carr, people like you shouldn't be doing it - its immoral.  The hypocrisy beggars belief. 

bookmarklee's picture

Of course HMRC are already investigating the schemes.

bookmarklee | | Permalink

thisistibi wrote:
I think it's great what the Times is doing.  It's putting HMRC to shame - why couldn't they have done these investigations themselves if they were really serious about tax avoidance..

Sorry but this is nonsense. HMRC are investigating the schemes and they publicise the sort of thing that they most dislike on the Spotlights page of their website. Have you seen it?

Sadly it can take years before the final outcome of challenges to tax schemes are finalised and publicised.

Mark

 

thisistibi's picture

Hmm

thisistibi | | Permalink

bookmarklee wrote:

thisistibi wrote:
I think it's great what the Times is doing.  It's putting HMRC to shame - why couldn't they have done these investigations themselves if they were really serious about tax avoidance..

Sorry but this is nonsense. HMRC are investigating the schemes and they publicise the sort of thing that they most dislike on the Spotlights page of their website. Have you seen it?

Sadly it can take years before the final outcome of challenges to tax schemes are finalised and publicised.

Mark

A good observation, but you are commenting on something that happened a week ago, apparently without having followed the rest of the story in the meantime......

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