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Grant Thornton says new Chancellor's pre budget report hamstrung by predecessor's promises


Thursday 4 October 2007

 

Today, leading business and financial adviser Grant Thornton predicts that the forthcoming Pre-Budget Report (PBR) is likely to set out a plan of action for Chancellor Darling, but the room for manoeuvre on any major initiatives will be limited, leading to yet more tinkering around the edges of current tax policy.
Francesca Lagerberg, Head of Grant Thornton's National Tax Office, believes that the spotlight was stolen by Gordon Brown in this year’s Budget when the then Prime Minister in waiting flexed his muscle for the top job by making a raft of forward looking changes which will hamper Darling’s manoeuvrability in the Pre-Budget Report.

“It’s a shame that the new Chancellor has limited breathing space as he will be keen to show he is not purely Brown's mouthpiece. However, the issue of whether there will be a general election could have a significant bearing on the environment in which the PBR is delivered. In the absence of a general election, I expect a Report which will be littered with promises for action and consultations, without real immediate change. However, that does not mean it will be dull. Darling has already stated he wants to put tax simplification on the agenda so he will want to show that this is more than empty words."

Perhaps the most explosive item in the Pre Budget Report could prove to be the Government reaction to the husband and wife victory in the Arctic Systems Ltd case. Immediately after the House of Lords ruled in the taxpayer's favour, the Government issued a statement to say it would legislate to over-turn the outcome.

Lagerberg notes: "All eyes will be on the Chancellor to see if he says anything more on income-splitting. If the Treasury decides to use a sticking plaster approach and rush out legislation it could lead to significant burdens on small businesses which would put the IR35 rules into the shade and lead to great complexity for taxpayers.

"In addition we can expect some statement on the future of business asset taper relief and there may well be moves towards a carrot and stick approach on green taxes with increases for some and new incentives for going green as well," says Lagerberg.

She continues, "Elsewhere, the fiscal screws are wound too tight and it will be a case of Darling steering the course already set by his colleague in Number 10."

Change in the wind for non-domiciles?


Despite the Conservative’s proposal to charge non-domicilies a one-off charge of £25,000, Grant Thornton does not expect the new Chancellor to take the bait and make any dramatic changes to the tax treatment of this group in the PBR. However, the new team at the Treasury has already stated that this issue is on its radar.

Tax partner, Ian Luder, believes Darling will signal his intentions on the issue by refreshing  the ongoing consultation – the longest running Treasury review in history – and, if willing, tinker with some legislation at the fringes.

Luder comments: “The Government has not signalled on the non-domicile issue so it would be surprising to see any great legislative changes in this Pre-Budget Report. However, the rules on remittances are out of step with personal banking trends, specifically, the growth of current electronic and online transactions. These rules may therefore be updated for the 21st Century.

"What's more, it's now almost a year since the Gaines Cooper case on residence, and it would be very welcome if the Revenue were to issue new guidance in this area (currently set out in leaflet IR20) which can be relied on. IR20 is on its last legs. Will we see residence tests added to statute?

Tweaking around the edges would not necessarily take all the heat out of the issue, but it would kick the issue into the long grass for a while and allow Darling to collect his thoughts before definitely taking a policy decision on this issue.”

Overhauling CGT for UK assets


Luder believes the Chancellor has an ace up his sleeve with regards to capital gains tax (CGT) rules on UK based assets. At present, an individual's residence (and domicile) status determines the CGT liability along with where the assets are based. There are circumstances where UK assets are sold but no CGT is due. Luder believes that change is afoot which would bring the UK in line with many of its European neighbours.

Luder says, "It's too early for Darling to be taking a hatchet to the non-dom rules, but there’s a quick win available in that he could charge CGT in line with the 'situs' rules on property. This would mean making UK based property liable to UK tax irrespective of the owner’s residence domicile."

"He can dress this up as bringing the UK into line with its European neighbours who charge CGT based on the situs rules, gain some extra revenue for the Treasury and be seen to be dealing with perceived ‘unfairness’ of the non-domicile rules without ruffling too many feathers," says Luder.
For example, all UK homes would become liable to UK CGT irrespective if they are owned by offshore entities. Luder predicts that such a move would result in individuals' reviewing the elections of their private principle residence which could help avoid CGT.

Inheritance tax due for progression?


There’s still much that can be done with Inheritance Tax (IHT) says Francesca Lagerberg. It is traditionally lambasted as preventing funds passing down through the generations and the tax-take for IHT is increasing as more individuals of modest means are drawn into its net. Since 1997/98 IHT yield has increased by some 135% (£2.3bn on £1.7bn collected in 1997/98) and is projected to collect £4bn in 2007/08 thanks to the previous Chancellor not raising rates in line with property prices.

Despite IHT being ripe for change, and the Conservatives saying as much by pushing the nil-rate threshold up to £1 million and exempting the family home, Lagerberg does not believe that Chancellor will make any big moves in this area: "The last few years have seen some avoidance rules being introduced in relation to IHT, such as the pre-owned assets regime. However, despite Brown thinking it was due an overhaul he never went for radical change and his successor is likely to follow suit."

However, Darling could score with the grey vote by introducing a 'sibling exemption' on main residences along the lines of the spousal exemption. Citing the Burden sisters' case at the EU Court in 2006 (where two cohabiting sisters faced the prospect of having to sell their home to pay the IHT on the first death of either of them), Lagerberg says the Chancellor could make vote winning headlines with a move which would have negligible cost.

“IHT is a distressing tax and Darling will not want to preside over a Treasury that is seen to be throwing pensioners out of their homes when forced to pay IHT. It would make sense to offer a sibling exemption that would roll-over the IHT charge until the death of the second sibling. This would enable people like the Burden sisters to remain in their family home for as long as they wished."

The Nil Rate Band exemption has been set up to 2010 although Darling could make a mark by offering a further small increase. Furthermore, Lagerberg believes the Chancellor could look to introduce progressive taxation bands, as seen with income tax on an individual’s assets, say, 10% or 20% on the bulk of assets of modest estates and 40% on assets above £500,000. For example there could be 0% tax on the first £300,000, 20% on following £200,000 and a top rate of 40% rate for anything over £500,000. For individuals with estates in the £300,000 - £500,000 bracket, it would halve their IHT bill. 
Lagerberg says the main issue here is that people in this wealth bracket are unlikely to have a large amount of liquid assets with which to pay the IHT bill and by halving the potential liability within this bracket from £80,000, to £40,000, the likelihood is increased that there will be liquid assets available to pay the liability.

Self-employed couples and family businesses under the hammer


Following the Arctic Systems case (Jones v Garnett) heard in the House of Lords this year, the Treasury will be taking a close look at family owned businesses as it perceives it is losing a substantial amount of income tax from the way these arrangements are structured in 'non-commercial' situations. There has already been a statement to this effect where the Government has said it wants to close down the ability to 'income split'.

The key issue is how the Government will be able to implement any change. Senior tax partner, Mike Warburton, says that the most likely change will be the abolition of ITTOIA 2005 section 626 which is the legislative exemption in the so-called settlements rules.

“Section 626 concerns the tax exemption of outright gifts between spouses which are not caught by the trust rules. In 1989, Labour proposed to remove that exemption giving the Revenue the ability to treat these sorts of gifts as tax avoidance. It didn't fly then, but the Government has appetite for change in this area now and the Chancellor could simply announce this move at the PBR and merely be enacting a previous Labour recommendation,” argues Warburton.

Warburton continues: “The nub of the issue here is that HMRC perceive income splitting as tax avoidance, but the reality isn't that pronounced. The average family business conducts its business around the clock, whether the family members are picking up the phone or discussing business matters over the kitchen table. So it’s notoriously difficult for the Revenue to assess these operations with the basic rules as they are and I fear that life may get a whole lot harder for businesses set up in this way under Labour.”

Climate change - Individuals let off the hook as Labour flexes its green muscle at business


No longer can the Government sit idle on climate change. Although the previous Chancellor pledged to take action on the UK's carbon footprint through the tax system, small tax measures introduced or modified over the past 10 years have seemingly done little to curb UK pollution.

Maurice Fitzpatrick, a senior tax manager, expects that there will be minor increases in Airport Passenger Duty and the like, but that Darling may look to impose his authority on green matters by increasing taxes and tax breaks available to industry thereby instigating  - hopefully - a faster decrease in UK carbon emissions.

Fitzpatrick says, "Joe Public is fed up with continual tax increases that purport to climate change initiatives. Airport Passenger Duty has done nothing to greenhouse emissions and many believe a waste tax is merely a revenue-raiser rather than a targeted initiative to make any dent in the UK's carbon emissions. For this reason, and perhaps to carry favour with voters, Darling is expected to turn to industry to take responsibility towards the climate. There is a raft of possibilities available to the Chancellor, but to be sure, he will use the VAT system to great effect, possibly levying higher VAT on products with excessive packaging."   

"On the other side of the coin he needs to make sure there are enough incentives that encourage individuals and business towards going green. He should increase access to R&D tax credits on green initiatives in energy generation, offer further tax breaks to developers of carbon neutral homes and reduce stamp duty on individuals who purchase carbon neutral properties."

Fitzpatrick continues, "To put it in perspective, green taxes as a percentage of total tax yield have actually fallen from 8.1% to 7.1%, or £34.7 billion since the Labour government came to power in 1997. If just 1% of this amount (£34.7bn) had been invested directly into building wind farms, enough electricity would now be generated to power a city the size of Sheffield. Action is needed and Darling may see climate change as an opportunity to start building his legacy."

Raising personal allowances


The tax credit system remains in an administrative mess and come April next year, those with incomes between around £5,000 and £18,000 are set to become reliant on the flawed system in order to top up their income thanks to reductions incurred from the abolition of the lower rate of income tax.
Lagerberg believes that raising the personal allowance above normal inflation would go some way to fixing a problem created at this year's Budget without admitting that the Government has adversely affected some people on low incomes. It could also score political points by rewarding hard working families as a response to the Tories proposal of returning to a 'Married Couples Allowance'.

"Raising personal allowances above inflation would be a quick fix to those who will find the combination of income tax and NIC changes next April leaves them worse off.. Some of these people will be falling back on the tax credit system to make up the difference but not everyone satisfies the requirements to make a claim. However, the question is how the Chancellor might finance an above inflation increase. There is the easy approach of funding such a change through increases in green taxes although the amounts in question are not small. The Treasury indicated that changing personal allowances by £100 would cost £650 million in 2008/09 and £620 million in 2009/10 and changing age related personal allowances by £100 would cost £75 million in each of 2008/09 and 2009/10. In total, just under £1.5 billion would need to be found to finance such a move."

Get progressive on Stamp Duty Land Tax (SDLT)
Luder thinks that SDLT is the best weapon the Government has at its disposal in helping people onto the property ladder and is surprised that not enough has been done in this area in recent times to increase help to first time buyers.

"SDLT is a tidy revenue earner for the government," says Luder, "And it is unlikely that the new Chancellor would do anything to harm its earning potential which continues to rocket thanks to hefty increases in house prices."

Luder says the Conservatives proposals to help first time buyers by exempting properties up to £250,000, means that if Darling does move on SDLT, he will not want to be open to the challenge that he’s copied the Tories. Therefore, he could levy SDLT at different rates according to the value and number of properties any one individual may have or levy it in progressive slices much like income tax.
“SDLT could be levied at a reduced rate of 2% on a first house and then 5% on a second, thereby offering help to first time buyers and recouping any lost revenue from the 2% rate when the 5% rate kicks in on the second property.”

”However, if Darling believed that such a move would fail to encourage enough individuals to take up a second property, he could provide a nil-rate band to properties under £250,000, then progressively increase rates at various amounts until imposing a super rate on properties over £500,000. Much like income tax it would tax wealthier individuals, but would be fairer in the sense that only those with higher valued assets were being taxed at a higher rate."

Despite these possibilities, Luder expects nothing to change come this pre-budget report as the market is fragile and is best left well enough alone until it has settled.

And there's more…


Lagerberg notes that there are a number of other measures that are expected to surface in the Pre Budget Report.

"HMRC is continuing its review of its existing powers. There is bound to be some reference to the next steps and there has already been some concern about whether there are going to be more requests for powers, such as access to personal bank account information, without any sign of some overarching commitment to safeguards as could be set out in a Taxpayer's Charter. This could be a real chance for the Government to show it is keen to put taxpayers’ rights on the agenda."

As for the alignment of PAYE and NIC, the Government has already stated in past Budgets that it wants to make moves in this direction.

Lagerberg says, "Work undertaken by Grant Thornton shows that there are some long and short term measures that any Government might want to consider to help make it easier for these two areas to move closer together. However, employers and employees alike are keen to see improvements in payroll related administrative burdens and this is where positive steps forward could be made" says Lagerberg.

The biggest splash possible


Lagerberg says that despite a lack of immediate policy changes expected at this Pre Budget Report, it is nevertheless set to be interesting as it comes at a time where there is turbulence in the financial and housing markets, and predictions of an impending recession.

"Brown has presided over a strong economy for the best part of a decade and has pre-spent a lot of the current Chancellor's money. He has locked in a number of future tax changes such as cuts in the larger corporate tax rate and the starting rate of income tax, and increases in the  nil-rate band for IHT. Add to that the possibility of a recession, the housing market cooling off and worries about excessive debt and instability in world's financial markets, it's almost as if the PBR might be like watching an old Hollywood western where the grizzled veteran thrusts the reigns of a speeding carriage to a fresh-faced, up-and-coming star and asks him to make good of his lot. Darling has quite an act to follow but limited scope with which to proceed."