An influential committee of MPs has suggested that HM Revenue and Customs should
publish a regular analysis of corporate tax trends in the UK and explain why
many large companies are paying relatively small amounts of corporate tax or,
in some cases, no corporate tax at all.
"The amounts that large businesses pay in corporation tax vary greatly,"
observed Edward Leigh, Chairman of the Committee of Public Accounts. "It
is very telling that, of the 700 largest businesses in the UK in 2005-06, just
50 companies paid two-thirds of the corporation tax raised and 181 of them paid
not a penny. How much tax is paid also heavily depends on the industry sector
that the company belongs to. HMRC should analyse these variations annually and
publish a report explaining the trends."
Leigh argued that by not properly analysing trends in corporate tax payments,
HMRC cannot effectively target its auditing strategy.
"The fact that nearly 60% of the Department's enquiries into compliance
turn out to produce less than one per cent of the additional tax raised constitutes
very poor targeting. It is extraordinary that there is no correlation between
the resources HMRC commits to each enquiry and the amount of corporation tax
in question," he said.
HMRC was also criticised for taking too long to conclude its enquiries: in
January 2008, 42% of its enquiries were over two years old, and 10% over four
years old. In 2006-07, the Department's large business corporation tax enquiry
programme raised nearly GBP2.7 billion.
Leigh added: "The Department has introduced a new approach in which high
risk businesses will be singled out for extensive investigation. That's good
but it must publicise this new approach. It should also robustly apply new penalties
for those companies engaged in serious tax avoidance activities."
Leigh was speaking as the Committee published a report based on data from HM
Revenue & Customs which examined the level and distribution of corporation
tax receipts. The report also scrutinised the department's performance in managing
large business corporation tax, tackling tax avoidance, and training its staff.
In 2006-07, HM Revenue & Customs raised a total of GBP23.8 billion in corporation
tax from large businesses. Two thirds of the tax comes from the banking, oil and gas and insurance
sectors. Some businesses pay little or no corporation tax because, for example, they
have made a loss, or had losses in previous years, or they are using tax reliefs,
or engaging in tax avoidance.
In February 2007, based on initial review of tax returns from the previous
12 months, HMRC estimated that the potential corporation tax at risk was GBP8.5
billion. It is currently using these estimates to develop a measure of the tax
gap — the difference between the amount of tax it collects and the theoretical
tax liability if all taxpayers were fully compliant.
Recent legislation requires 'promoters' to disclose, and 'users' to declare,
their tax avoidance schemes. The report found that, by February 2007, the Department
had received 900 disclosures of avoidance schemes, with 350 schemes closed through
legislation.
The report also noted that large businesses are often multinational organisations,
whose operations may involve trade and financing across national boundaries.
Around half the growth in global trade is from intra-company trade between related
companies within large multinationals, adding to the complexity of their tax
assessments.
The report also observed that there has been a widening gap between the skills
of large business tax staff and that of the Large Business Service. To tackle
this skills shortage, HMRC is planning to hire external recruits, including
retired tax advisers, to help to train its staff and to deal with the more complicated
technical work.