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The House of Lords Economic Affairs Committee reports on aspects of the Government's taxation plans before the House of Commons again discusses this year's Finance Bill at Report Stage. The Committee, which brings together economic and financial experience from business and politics, points to four main areas for Government attention: tax policy; scrutiny; tax avoidance and evasion; and corporation tax reforms. The Government must stick to its own commitment to a new, consultative approach to tax policymaking if it is to achieve its aim of giving the UK the clear, stable and predictable tax system which it needs to be competitive. The Government's new approach is welcomed but has so far not been implemented consistently. The Government's failure to consult on the increased charges on oil and gas production it announced in the Budget was criticised for putting investment in the oil and gas industry at risk. Many witnesses called for earlier Parliamentary scrutiny of the Finance Bill measures. The Government must act earlier to curb tax avoidance and evasion. The Committee criticises proposed legislation against "disguised remuneration" for tackling the problem too late and for being excessively long and complex. The Government should consult earlier so that it can put forward better Finance Bill legislation. The Committee also calls for the Government to develop a strategy to tackle tax evasion. The Government should monitor its corporation tax reforms to make sure that they do not accidentally disadvantage particular groups, for example small and medium-sized businesses.
Dated March 2011. These notes refer to the Finance (No. 3) Bill published on 31 March 2011 (Bill 172-I,II, session 2010-11, ISBN 9780215557957)
Budget 2011 sets out the action the Government will take in three areas: maintaining a strong and stable economy; encouraging growth; and delivering fairness. Chapter 1 outlines how the measures in the Budget advance the Government's long-term goals. Chapter 2 provides a brief description of all Budget policy decisions. The decisions have a neutral impact on the public finances, implementing fiscal consolidation as planned. Growth is forecast to be 1.7 per cent in 2011, but the outlook for the public finances is broadly unchanged. Measures are outlined on: personal tax; corporate taxes; tax measures affecting charities; indirect taxes (tobacco, alcohol, fuel and gambling duties, other transport taxes, landfill, VAT); tax reliefs; anti-avoidance; tax administration and banking. Action to promote growth include (a) creating the most competitive tax system in G20, with reductions in corporation tax, simplification of the tax system, and consultation on integrating the operation of income tax and National Insurance; (b) measures to facilitate and support the starting up of businesses - removal of regulatory burdens, implementing Lord Young's proposals on health and safety, expansion of investment schemes and other financial support, streamlining the planning system, investing in science capital development; (c) encouraging investment and exports through establishing 21 new enterprise zones, extra funding for new rail projects and pothole repair; (d) creation of a more educated, flexible workforce, with additional work experience places and apprenticeships. Fairness is addressed through various tax and pension changes. Appendix A examines the impact on households. A number of supporting documents are published alongside the Budget.
The report looks at the way the Office for Budget Responsibility has functioned in this, the first Budget since it was permanently established. It raises concerns about the timetable for the economic forecast, noting: the timetable agreed for this forecast and Budget required all decisions which would impact on the economic forecast to be made at least a fortnight before Budget day. It recommended that the timetable should be revisited to provide more flexibility enabling economic shocks and late political decisions to be accommodated. The Committee looked at the economy, public finances, the plan for growth, taxation and the Office for Budget Responsibility. It continues to press for a full review of the OBR including its powers, remit and relationship to Parliament. Also calling for gradual reform of the tax regime and noting the Government's decision to increase the supplementary rate of corporation tax on the oil and gas industry by 12 percentage points in the Budget - less than a year after promising to provide a stable tax regime in the sector -might weaken the Government's credibility in seeking to establish a stable tax regime. The Committee was pleased with the further reduction in corporation tax announced in the Budget as this was a positive measure aimed at boosting growth. With regard to Enterprise Zones it may have some effect in reviving particular areas, but it was noted that almost all the evidence received is unsure about the extent to which they will contribute to UK growth. It is clear that there is still much to be done on the details of this policy.
The Government proposes introducing legislative tests to determine if an Limited Liability Partnership member is an employee or truly a partner. Failing these tests would make the member liable for income tax and National Insurance Contributions (NIC) as an employee and the LLP would pay employer NICs. Nearly all the evidence received by the Committee was that the legislative tests failed to achieve the policy objective. Many suggested that existing case law could be used instead. A delay in implementation until April 2015 would allow for further consultation to target the legislation better and for businesses to adapt to the changes. The Committee also raised concerns that the proposed changes to tax arrangements for LLPs would apply only to UK registered LLPs and not those conducting business here but formed outside the UK. The Committee is content in principle with proposed measures to counter shifting of profit to corporate members of partnerships to minimise tax liability and highlights the extent of this practice in the Alternative Investment Fund Management (AIFM) Sector. But the Committee wants to see the legislation drafted more precisely. And it is concerned that the Government's revised estimates of the tax yield from these measures, and particularly the additional £1.92bn in 2015-2019 from the AIFM sector, show that the Government's original estimates of tax yield were very wide of the mark.
The Draft Finance Bill 2013 (HL 139) evaluates the draft Finance Bill which, following detailed consultations based on the findings of an independent study group, includes proposals for a General Anti-Abuse Rule (GAAR), narrowly targeted at abusive transactions which fail a stringent 'double reasonableness' test. The provisions also include the formation of an Advisory Panel to agree guidance and give its opinion on the application of the double reasonableness test to a given set of tax arrangements. Most agree the narrow focus was appropriate. Some witnesses argued that HM Revenue and Customs (HMRC) should set up a clearance system to reduce uncertainty about where the GAAR would apply. Many witnesses were very concerned at the application of the GAAR to transactions involving inheritance tax planning. The Bill also includes an Annual Residential Property Tax Package (ARPT) which is part of a package of measures to address Stamp Duty Land Tax avoidance by
The Environmental Audit Committee claims the Treasury has undermined public trust in green taxes by appearing to use them as a revenue raising tool rather than a serious attempt to change environmentally damaging behaviour. The MPs single out two recent tax changes for particular criticism: cutting a penny off Fuel Duty while providing no new incentives to switch to lower carbon alternatives; and proposed changes to Air Passenger Duty will do nothing to reduce emissions or make it a more effective environmental tax. The Treasury needs to adopt a coherent strategy for environmental taxation, setting out its objectives and rationale, the basis on which rates are set, and how their impact will be evaluated. With green taxes there is a strong case for ring-fencing some of the revenues for investment in green alternatives - for instance using fuel duty to reduce public transport fares - in order to build trust and support for environmental taxes. Environmental taxes need to be straightforward so that taxpayers understand the behavioural change signal being sent. In practice their growing complexity means that many businesses are unaware of the cumulative impact of the environmental taxes affecting them. They must also be seen as fair so that political support can be built for environmental taxation. Also, the Plan for Growth, published alongside the Budget, does not provide the much needed step-change to aid the transition to a low-carbon economy. The Government should demonstrate greater commitment to putting the green economy at the heart of growth plans.
The official records of the proceedings of the Legislative Council of the Colony and Protectorate of Kenya, the House of Representatives of the Government of Kenya and the National Assembly of the Republic of Kenya.
For the first time, the Government's fiscal policy decisions have been based on independent forecasts for the economy and public finances. Urgent action is taken to eliminate the bulk of the structural deficit through plans for additional consolidation of £40 billion per year. This will include £32 billion per year from spending reductions; £11 billion in welfare reform savings; a two year freeze in public sector pay, except for those earning less than £21,000 a year; and £8 billion per year from net tax increases, including an increase in VAT to 20% and higher rate of insurance premium tax from 4 January 2011. Plans to support business and restore competitiveness include: a reduction in the main rate of corporation tax to 24% over four financial years from April 2011; a reduction in the small profits rate to 20% from April 2011 and a reduction in capital allowances in April 2012; an increase in the Enterprise Finance Guarantee and the creation of a new Growth Capital Fund; an increase in the threshold for National Insurance Contributions by £21 a week above indexation in April 2011; and a Regional Growth Fund in 2011-12 and 2012-13. The Government also wants to ensure that every part of society makes a contribution to deficit reduction while supporting the most vulnerable. To this end, plans include: an increase in personal allowance for under 65s; capital gains increase to 28%; the introduction of a levy based on banks balance sheets; freezing of council tax in 2011-12. There will also be reforms to the housing and disability benefit and tax credit systems and child benefit will be frozen for three years. Pensions will also be uprated by a triple guarantee of earnings. There will be no increases in the rate of duty on beer, wine or spirits at this budget.