British Telecom is planning to move its broadband internet division BTopenworld
to Madeira in order to benefit from lower VAT and corporation tax rates. It
would join Virgin.net, a new flat-rate internet service which is a joint venture
between the Virgin Group and cable provider NTL, and which has established its
financial base in Madeira.
Although the move to Madeira makes good business sense for any EU business
which provides electronic services and doesn't need a 'bricks and mortar' establishment
in a high-tax country, BT and Virgin give as their reason the competition they
face from AOL, which under existing law is exempt from having to pay VAT in
the UK because it is classified as a content provider, not a telecoms business.
"Should AOL seek to register for VAT in a comparatively favourable jurisdiction
such as Madeira then clearly other UK ISPs would have to look at their own arrangements
to see if such imbalance could be redressed by similar treatment," said
Alison Ritchie, the chief executive of BTopenworld.
In a letter to Paul Boateng, the financial secretary to the Treasury, she demanded
a "better explanation" of the VAT discrepancy, saying the rules give
a significant competitive advantage to non-EU players. A BTopenworld spokesman
said: "We don't want to see AOL enjoy exemption until July and then start
operating from Madeira and charging lower rates than other ISPs."
Freeserve, the ISP owned by Wanadoo of France, is another company considering
the move to Madeira, and joined BTopenworld two weeks ago in launching a judicial
review of Customs & Excise's decision to allow AOL's exemption. John Pluthero,
chief executive of Freeserve, has long campaigned for a level playing field
and estimates that the exemption saves AOL about UK£40m a year - equivalent,
he says, to a subsidy of £4.50 per customer per month on its high-speed
broadband internet service.
Ms Ritchie told Mr Boateng: "Given typical broadband margins, this is
a huge sum that could enable AOL to become the dominant retail provider of broadband
access. "It is clearly perverse for the Government to prevent a genuinely
competitive market at this important juncture, particularly when the advantage
is being given to a US-based company," she said.