Thursday, 12 November 2015

Latest thoughts from David Gauke on BEPS and UK tax policy


The Oxford University Centre for Business Taxation conference on “BEPS and UK tax policy”

This event, hosted by University of Chicago Booth School of Business, had an impressive speaker list. This piece focuses on the opening speech by David Gauke, Financial Secretary to the Treasury.

He first posed the question as to whether the work on tackling tax avoidance is done. Nobody was surprised by his answer. No. The efforts now are focused on delivering successful outcomes from BEPS.

However, he immediately referred to the UK approach of continuing to reduce the corporate tax rate, setting out its important impact on increasing business returns on investment and hence productivity.

He repeated the mantra “Low tax, but tax that is paid”. A level playing field leads to more efficient tax.

Reassuringly he then went on to make it very clear that there are legitimate activities by large businesses.  It’s important to distinguish what is within the rules. However, when governments are making difficult decisions, and tax planning becomes international issue, it is incumbent on government to take action.

BEPS has been a success, but the UK would like to have seen more on transfer pricing, to tackle separation of capital and income from economic activity

The UK clearly supports BEPS CBCR with draft regulations having set out the detail to implement the G20 and OECD supported form. Interestingly David made no mention of the word “public”, but I’m sure we know what the message would have been.

He also touched on the important work on tackling hybrids and other areas. However two of the key points he highlighting where the “full and proper attention” being given to all BEPS measures, including the consultation on deductibility of interest. He also repeated support for the patent box as an important tool to encourage growth in the UK.

On Diverted Profits Tax (DPT), David described it as a targeted, narrow measure aimed at particular contrives arrangements. When asked from the floor whether the DPT is a temporary measure, he was very clear. DPT is here to stay. It is consistent with where BEPS is going and the direction of travel. It complements BEPS, and does not, as some said, undermine BEPS.  A little dig at those who criticised unilateral measure there then. So that would be the OECD?

Interestingly, Grace Perez-Navarro of OECD, who was up next, had a dig back at unilateral measures, saying that part of the whole purpose of the BEPS work was to avoid the disadvantages of unilateral changes, and the resulting uncertainly for business.

It is a shame they were not on a panel together.

Another question from the floor asked how do we challenge the “big bad MNEs” message.
David’s response was that we must be realistic about BEPS. We shouldn’t claim everything is sorted. People who said nothing would come of BEPS have been proven wrong. But its not time for a lap of honour! Implementation remains important in tackling perceptions.  Perception and reality are not always aligned, but sometime they are.

On implementation, David said that countries delaying BEPS measures take a risk by dragging their feet. Even in the US, where it is difficult, there is a sense they are keen to make what progress they can, particularly in administrative areas.

On developing countries, there was a question on whether there remains a risk that rules just set by rich countries.

David said that the OECD is right forum. He does not think this should be at UN, and the success of the BEPS project strengthens that. However, there is an important role for government in helping tax authorities in developing countries. Including on policy development. This needs to continue.

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