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Chancellor will find it hard to please business at Budget

Faced with growing unrest from business and the City, the Chancellor's Budget must allay fears that the UK is becoming uncompetitive and promote measures to encourage growth, against a backdrop of an estimated £2 billion overshoot in current year public borrowing , says leading financial and business adviser Grant Thornton.

Stephen Quest, tax partner at Grant Thornton, does not hold much hope for a dynamic first Budget from Darling, but believes UK business may expect a few treats to help build bridges after the recent fallout from capital gains tax (CGT) simplification and non-domicile (non-doms) and residence reforms.

Quest asserts, "The rushed announcement of the changes to capital gains tax and the taxation of 'non doms', followed by a major climb down in the face of fierce criticism, means that we are likely to see a more cautious approach from the Chancellor towards business taxation in this Budget. After the last few months, the Chancellor will be largely looking to hold the ship steady."

Quest continues "Mr Darling will be desperate to establish his credentials as a business-friendly Chancellor. It's going to be a tough year for business: the economy is slowing and tighter lending conditions means the frantic market activity from past years has softened. Within a broadly neutral Budget, we expect to see a package of measures for start-up funding and growth businesses, which will be financed by a further clampdown on tax avoidance."

UK competitiveness

According to Head of International Tax at Grant Thornton, Joy Svasti-Salee, the UK has gradually slipped behind its global competitors as a key place to do business.

"The UK has a high corporation tax rate when compared with the other major European countries. The move to 28% from 30% from 1 April 2008 was a good first step, but the Chancellor needs to go further, perhaps to a rate of 25%."

"With a 28% corporation tax rate the UK ranks 18th in terms of competitiveness amongst the 27 European Union Member states. The average rate for the EU 27 is 24.5%. By aiming towards the EU average corporation tax rate, Darling would bounce the UK up four places to 14th which would make it far more attractive to larger corporates."

Svasti-Salee goes on to say that the UK benefits from being a less bureaucratic place to do business than France, Germany or Italy and has also avoided the regulatory overload that has left the US with excessive regulation and associated high costs.

"The UK tax system needs to imitate the regulatory environment and become more competitive. The proposed changes to the taxation of foreign profits, under discussion since last summer and due to be introduced from April 2009, present a real opportunity for the UK to move into the premier league."

Heather Self, international tax partner at Grant Thornton, adds: "Bringing in a dividend exemption system would be a real win for UK business - but if it is accompanied by detailed red tape, any advantage will be frittered away."

Simplification of the corporation tax rate

At Budget 2007, small and medium businesses (SMEs) cried foul at the increase in their headline rate of tax from 19% to 20% in April 2007 with further movement to 22% by 2009. Their pain might yet be exacerbated.

"The last few months have been difficult for UK heartland business," says Ruth Dooley, tax partner at Grant Thornton. "SMEs were forced to endure a 1% rise in their headline rate of tax in April last year and the change to an 18% flat rate of CGT for individuals and unincorporated businesses took everyone by surprise. If Darling is to follow his simplification agenda, then his next target might be to align the corporation tax rates of all companies operating in the UK."

"The outpouring of anger from the SME community would need to be balanced against the gains of goodwill and associated economic growth from large business which would look to the UK as a competitive jurisdiction in which to base its operations. On the face of it, the loss of revenue from large corporates would not be balanced by gains from SMEs from this rate change. However, if companies invest in the UK as a result of a competitive corporation tax regime, then the change could prove to be self-financing in the longer term."

Dooley says that a drop in the corporation tax rate would require short-term measures elsewhere to recoup the lost billions and that, "A single corporation tax rate would bring about a great deal of simplification in the corporation tax regime such as removing the need to consider whether companies are associated when claiming the reduced rate of corporation tax for small companies and removing the need to consider transfer pricing in a UK context."

"Darling has been aggressive in his pursuit of simplification and the CGT backlash does not seem to have dented his confidence or ambition. The corporation tax headline rate is an obvious and high profile measure, and one which could begin healing, to some extent, his relationship with the City and big business which has been fractured thanks to the attack on non-domiciled individuals. However, such a bold move might be too radical for a Chancellor looking to restore business confidence."

Green taxes about to make a dent on business

Environmental taxation seems primed to be a key battleground between political parties, yet fails to deliver at each Budget and Pre-Budget Report with consecutive chancellors espousing their green credentials yet doing little with tax policy to help the UK meet its carbon reduction targets.

Maurice Fitzpatrick, senior tax manager, predicts that this Budget will be different and says, "Darling will ratchet up green taxes on UK business not least because it is an area in which he has room for manoeuvre in terms of providing a boost to the public finances. I anticipate a 'tax on the polluter' will be used to encourage companies such as retailers and manufacturers to curb their use of excessive product packaging. There is growing public awareness and support in tackling this issue."

Since Labour came to power, green taxes as a percentage of total tax revenue have fallen from a high of 9.3% in 1997/98 to sit at their lowest level in ten years of 7.3% of Treasury receipts**. Furthermore, this has happened at a time when the UK is seeking to meet its promises under the Kyoto Protocol to reduce greenhouse gases by 12.5% by 2008 - 2012 and the Government's own manifesto pledge to reduce carbon dioxide (CO2) by 20% by 2010***.

"The 20% carbon reduction is a 'pie in the sky' target," claims Fitzpatrick. "The UK Government is going to fall woefully short of meeting its target of a 20% reduction in CO2 by 2010. Current reductions in CO2 amount to only a 6.4% decrease on 1990 levels***. A ramp up or the introduction of new green taxes seems almost inevitable this Budget."

Property

The UK property market has been hard hit by the credit crunch. Lenders have been less willing to lend at levels seen previously and a number of institutional property funds have restricted the access to funds by investors.

In addition, the Budget (and related Finance Bill) will see the introduction of revised capital allowances rules (including the new "integral features" regime). Broadly speaking, these changes reduce the amount of annual capital allowances which can be claimed in respect of property, increasing taxable profits, and at least partially, offsetting the reduction in the main rate of corporation tax.

Clare Hartnell, tax partner, comments, "This change will affect all occupiers of property and increase their annual tax bill. Real Estate Investment Trusts (REITs) will find that at a time when borrowing is harder to secure, the reduction in capital allowance rates will increase the amount of cash which they must distribute to shareholders leaving them with less funds to reinvest in the business."

It was announced in Budget 2007 that industrial buildings allowances (IBAs) would be phased out. However, there has not been sufficient detail provided on a timely basis about the new rules to enable business to take reasonable decisions based on sensible expectations of how the rules affect them. Given that the new rules come into force from 1 April 2008, detail in this area is long overdue.

On a more positive note the introduction of legislation allowing Property Authorised Investment Funds access to a similar tax regime to that afforded to REITs (i.e. broadly moving the tax point to investors) will enable them to compete in the retail investment market on a more equal footing.

Other issues

There are a number of other issues which require clarification in this Budget.

1) Capital gains tax changes will also affect corporates

Although the introduction of a flat rate of 18% relates to the taxation of individuals, there are also wider implications for corporates.

Favourable tax breaks are available for companies who incentivise their employees with company shares. However, the new CGT regime that comes into force on 6 April 2008 is likely to increase the CGT payable by these employees when they come to dispose of their shares. We wait to see whether the Chancellor will provide any additional relief for the participants of these schemes to encourage companies to continue using the initiatives.

2) Missing trader intra-community fraud (MTIC)

MTIC fraud, or carousel fraud as it is commonly referred to, has not attracted the same levels of controversy in recent months, but the authorities' hard line stance against those caught up in such a carousel means that they remain on a collision course with innocent businesses.

3) Corporation tax simplification - being "associated"

In terms of simplifying corporation tax, a change is expected to the rules for calculating the rate of tax when companies are "associated". Companies can be treated as associated when shareholders in different companies are partners in a partnership. Despite HM Revenue & Customs' stance against film partnership structures, there is strong pressure to review the impact on taxpayers being treated as associated with entities to which they have little real linkage. There is a limited existing concession but it is hoped that changes will be announced at this Budget.

One simplifying measure might be to tax commercially-linked companies on a consolidated basis. This would simplify claims for loss relief as there would be an automatic offset and remove the need to consider transfer pricing between companies based wholly in the UK.

The regime for taxation of chargeable gains has a number of provisions aimed at ensuring tax is only levied on gains realised when an asset is disposed of outside a group. Grant Thornton expects this regime to be simplified to align the tax outcome more closely to the economic effect for the group.

Quest says, "The rules for offsetting gains and losses within a group has been a bone of contention for sometime owing to the inherent complexity. Likewise with the associated company rules. Business processes have moved on and the regulation governing them is finally catching up."

Quest concludes, "Given the wave of changes which the Chancellor has already announced, it is clear that more can be expected in this Budget. A lot of aggravation has been caused by a lack of notice. In order to avoid a repeat episode, the Chancellor would be well advised to provide greater information or defer their introduction. Business requires certainty and the Chancellor will not want to further sully his track record."

* Table A3.1 Estimated costs of principal tax expenditures and structural reliefs, Budget 2007

**Government accounts (table 1.2), latest available 2007

***Defra, January 31 2007