Deloitte appoints official criticised over 'sweetheart' tax deals

Dave Hartnett has been hired by accountancy firm which faced tax avoidance allegations during his time as head of HMRC

The row over tax avoidance by multinational companies escalated on Monday night as it emerged that Dave Hartnett, until 10 months ago the country's leading tax official, has been appointed to a new position with a leading accountancy firm mired in the controversy.

Hartnett will work one day a week with Deloitte, the auditors for Vodafone and Starbucks, which faced tax avoidance allegations during his time as head of HM Revenue & Customs.

The appointment was approved by David Cameron and the advisory committee on business appointments last week, although Deloitte did not announce the high-profile signing.

The appointments committee added a list of six caveats to its approval letter, designed to ensure Hartnett does not share any information about how to avoid UK tax and to guard against potential conflicts of interest.

But tax campaigners and MPs criticised the appointment and suggested that although Hartnett cannot advise UK organisations, he could use his knowledge to strengthen the positions of offshore tax havens.

Hartnett, 62, will advise overseas governments on how to implement "effective tax regimes".

An HMRC lifer until his retirement, Hartnett was heavily criticised for agreeing a number of "sweetheart deals" with major corporations including Vodafone and Goldman Sachs in the UK.

Earlier this month, a judge found that a deal brokered by Hartnett with Goldman Sachs, which saved the US bank £20m in interest payments, was lawful but "not a glorious episode in the history of the revenue".

Mr Justice Nicol said the deal had been agreed by Hartnett to save the chancellor, George Osborne, from potential embarrassment, and criticised the fact that it had been done behind closed doors and without proper approval or reference to lawyers. Hartnett was said to have personally negotiated a deal with Vodafone, which saw the telecoms business pay £1.25bn of an alleged £6bn tax bill. Vodafone disputes this figure.

 A spokesman for Deloitte said: "Dave Hartnett will work as a consultant to Deloitte advising foreign governments and tax administrations, primarily in the developing world. He has significant experience in advising such countries on the development of effective tax regimes, necessary to ensure their continued economic growth. He will not work with UK companies or with HMRC."

The new job comes four months after Hartnett was appointed as an adviser to banking group HSBC on financial risks and crime. The bank was fined $1.9bn (£1.3bn) by US authorities last year for laundering Mexican drug money.

Confirming his appointment, the advisory committee on appointments said it was noted that "whilst working in government, Mr Hartnett did have official dealings with Deloitte, and he also dealt with a wide range of major accountancy and law firms during his time in HMRC and the Inland Revenue before that".

Labour MP John Mann, who sits on the Treasury select committee and questioned Hartnett on several occasions, criticised the appointment. "It shouldn't be allowed. It is all-too-cosy relationships that is the problem at the heart of HMRC.

"It would be a strange government that would employ him considering the problems we've had trying to get our tax system in order, especially when he personally negotiated the deal with Vodafone.

"It gives the wrong message to a group of staff [at HMRC] who are already some of the most demoralised workers in the country."

Deloitte and the other "big four" accountancy firms – KPMG, PricewaterhouseCoopers and Ernst & Young – have all been criticised for using knowledge gained from staff seconded to the Treasury to help wealthy clients avoid paying UK taxes. Richard Murphy, of Tax Research UK, called the latest switch from the state to the private sector "the creeping control of the state by the big business elite".

He said: "We've had people who are very senior who have moved over to big business, but never the very top. He was meant to be the taxman's taxman."

He suggested that Hartnett may be called upon "to advise on tax avoidance in offshore locations".

The prime minister accepted the committee's recommendation that Hartnett be allowed to join Deloitte, but set a series of rules on what he can and cannot advise upon while working for Deloitte.

The rules laid down state that Hartnett should "not draw on any privileged information" from his time at HMRC. He must also not advise "any taxpayer that he has been involved with whilst at HMRC" and must ensure he "has no involvement in discussions with other fiscal authorities of UK's confidential tax policy".

He is also not allowed to personally lobby the government for at least a year.

Hartnett had a close relationship with Deloitte during his time at HMRC and met senior British partner David Cruickshank 48 times between 2007 and 2011, including meetings about Vodafone, one of Deloitte's clients.

Deloitte also signed off the accounts for coffee company Starbucks. The chain faced a backlash among customers last year when it emerged that it had, quite legitimately, paid no corporation tax in the past three years by channelling its revenues through Luxembourg and Switzerland.

Murray Worthy, a spokesman for UK Uncut, who recently brought an unsuccessful court case against HMRC for the sweetheart deal with Goldman Sachs, said Hartnett had been "welcomed with open arms by the people he was supposed to have been regulating".

Azure Global’s vision is to be widely recognized as a reputed firm of financial business advisors, achieving real growth for ambitious companies and to become the first choice for F&A outsourcing for accountancy practices and businesses alike and if u want to Setup ur business in United Kingdom then  its not difficult in this modern age for more info visit our site Azure Global and join us also On Facebook

Article source : http://www.guardian.co.uk

Tax: how Amazon passed the Slough test and prospered

HMRC believes Amazon has no fixed place of business in the UK. Perhaps it needs to look again at what goes on in Berkshire

The way companies are taxed has changed with the way corporations have developed in the last 100 years, expanding beyond national borders. The emergence of substantial international trade in the 1920s prompted countries to agree tax treaties in an attempt to ensure profits were appropriately taxed where they were generated.

Despite these efforts, tax engineers have caused problems for exchequers around the world for decades as they have built clever corporate structures to mimimise tax bills for their multinational corporate clients. The advent of the internet has opened up a new front in this battle for tax fairness.

A new generation of cyber-corporations have been able to tell the taxman they do not carry out taxable activities in territories from which they generate billions of pounds in sales.

The Amazon distribution warehouse just outside Milton Keynes.

The British tax authorities appear to agree that Amazon can avoid paying corporation tax on the profits it made on the £12bn of sales the internet giant has generated in the UK over the last four years.

Whether Amazon EU Sarl, its Luxembourg operation, amounts to a "permanent establishment" in the UK that can be taxed by HMRC is down to a combination of laws and accounting protocols set out in double taxation treaties, the HRMC rule book and OECD guidelines.

The Guardian has discovered that Revenue & Customs has four tests it applies to an overseas company to establish whether that company is liable to corporation tax on its activities.

• Is there trading activity by the non-resident company?

• Does that trading take place in the UK?

• Does the non-resident company have a fixed place of business in the UK?

• Is the trade carried on through that fixed place of business? Or, if there is no fixed place of business, is the trade carried on through a dependent agent?

If the answer to all of these questions is yes, then HMRC can levy corporation tax on the non-resident company.

Despite Amazon EU Sarl's extensive activities in the UK, it appears that HMRC inspectors – for reasons we cannot know – have accepted the retailer's insistence that this business is not captured by these four tests.

Amazon EU Sarl trades through Amazon.co.uk, and all purchases made by UK customers are invoiced from the company in Luxembourg. This trade is distinct from the activities of the Amazon UK resident company, which provides only "fulfilment [that is, warehouse operations] and corporate support services".

The Guardian has learned that Amazon EU Sarl trades in the UK by securing contracts with British publishers and traders to provide the crucial goods and services it needs for its website.

The trading takes place in the UK not just through sales made on the website but also through the procurement and development of products and services.

The company indicates on its website it carries out a wide range of activities from his corporate offices in Slough in Berkshire. It says: "UK Corporate Offices – Slough, Berkshire, England. Since 1998, our teams have developed a genuinely British site with the same commitment to customers, cutting-edge technology and rich editorial content that has made Amazon.com such a success. Our Slough teams manage all corporate functions, including buying, marketing, software development, sales and legal."

Amazon EU Sarl appears to carry on its trade through its fixed place of business because book supply contracts, setting out the terms on which publishers will sell books to Amazon, are negotiated by executives based in the Slough head office.

The Guardian has seen extracts from a contract that confirm it is made between the publisher and Amazon EU Sarl.

However, a UK publishing executive, who asked not to be named, confirmed that the contract had been negotiated, on behalf of Amazon EU Sarl, by staff based in Slough.

"The contract may be with Luxembourg," the executive said, "but it is the people from Slough who thrash out the crucial details of the contract such as the discount we agree to give them. There are also people in Slough who are charged with overseeing that the contract is properly executed.

A spokesman for HMRC said: "HMRC cannot comment on specific cases for legal reasons. A non-resident company is only chargeable to UK corporation tax if it is trading in the UK through a permanent establishment. Both UK legislation and international tax rules agree on this."

Significant elements of Amazon EU Sarl's trade in the UK provide content for the website by negotiating contracts with publishers and traders. HMRC's own manual says: "One of the ways in which a permanent establishment of a foreign enterprise may be brought into existence is where an agent … acting on behalf of the enterprise has, and habitually exercises … an authority to conclude contracts in the name of the enterprise."

The existence of a permanent establishment would bring all Amazon EU Sarl's activities in the UK into the UK corporation tax net because the contracts for purchases made from Amazon's UK website would be deemed to be made in this country.

Azure Global’s vision is to be widely recognized as a reputed firm of financial business advisors, achieving real growth for ambitious companies and to become the first choice for F&A outsourcing for accountancy practices and businesses alike for more info visit our site Azure Global and join us On Facebook

Article source : http://www.guardian.co.uk 

Revealed: 'Sweetheart' tax deals each worth over £1bn

Four corporations that reached settlements worth £4.5bn between them are among those let off lightly

The scale of the government's "sweetheart" tax deals – individual secret agreements drawn up between tax officials and corporations to settle disputes – can be revealed for the first time after previously unseen documents showed that just four settlements were worth £4.5bn between them.

A leaked document sent by Dave Hartnett, the former head of tax at HM Revenue and Customs (HMRC), to David Gauke, the exchequer secretary at the Treasury, discloses the figure, which has not been released by HMRC before on the grounds of preserving "taxpayer confidentiality".

The document describes deals in excess of £1bn as "not uncommon". The size of the figure has been seized upon by MPs and tax campaigners who want HMRC to release details of how much tax was owed by each of the four unnamed companies before the deals were struck.

Margaret Hodge, the chair of the Commons public accounts committee, said: "If we got £4.5bn in, how much did we not get? That is what taxpayers will want to know, and I'll be raising this with HMRC through the committee.

"Whilst it is in the interest of the government to collect monies, these are huge sums. If there were deals involved, we need to know that the companies paid a fair amount on the profits they made from their businesses in the UK."

The revelation comes as separate documents disclosed in the Guardian show that tax officials used intrusive investigative powers designed to help them catch serious criminals to try to prove that the whistleblower who uncovered one of the first sweetheart deals, involving Goldman Sachs, had spoken to the Guardian.

The belongings, emails, internet search records and telephone calls of HMRC solicitor Osita Mba and the mobile phone records of his wife, Claudia, were examined by HMRC investigators using powers to investigate criminals, the previously undisclosed documents reveal. In 2011 Mba disclosed the existence of the Goldman Sachs deal by passing information to two parliamentary committees and the National Audit Office (NAO) under whistleblowing legislation.

The disclosures about the multibillion-pound scale of the government's deals come from a seven-page memo sent by Hartnett in December 2011 as he asked for public support from Gauke in the face of growing criticism in the media and parliament.

He wrote: "In 2006, HMRC adopted a new approach to reaching tax settlements with large business through building constructive relationships and encouraging mutual openness and transparency, increasing certainty for business and reducing the time taken to resolve issues.

"Settlements of above £1bn are now not uncommon and £4.5bn … has come from just four settlements with bespoke governance."

A 2011 NAO inquiry into the four settlements found that they were made outside the high risk corporates programme set up in 2006 to ensure proper governance of deals with corporations.

Hartnett claimed in his submission to Gauke that the programme had allowed the government to bring in an extra £9bn in revenue in total – a figure previously disclosed to parliament. MPs on two select committees have claimed that the deals are secretive and allow corporations to develop a cosy relationship with tax officials.

A document sent by Dave Hartnett, the ex-head of tax at HMRC, to the exchequer secretary at the Treasury, describes the tax deals

The £4.5bn figure is believed to include a previously reported Vodafone deal which ended when the telecoms giant paid £1.25bn.

A committee of MPs was told that the Vodafone tax bill should have been £6bn or more. That figure is disputed by Vodafone.

The £4.5bn does not include, however, the relatively small Goldman Sachs agreement when the bank was let off paying up to £20m.

The revelations will be of interest to solicitors for the anti-tax avoidance organisation UK Uncut who on Thursday are taking HMRC to the high court, claiming that the deal which let off Goldman Sachs from paying up to £20m in interest charges was unlawful.

Anna Walker, a spokesperson for UK Uncut Legal Action, which campaigns on tax issues, said: "It is not legally, politically or morally acceptable to let big business off paying the tax that they owe. David Cameron and George Osborne's government's claims that they are leading the world in clamping down on tax ring hollow as these backroom 'sweetheart' deals come to light and no real action is taken."

The high court will hear UK Uncut's claims that Goldman tried to funnel employees' bonuses through an offshore tax scheme based in the British Virgin Islands, avoiding paying national insurance contributions.

HMRC admits it made a mistake in reaching a deal with Goldman, resulting in underpayment of interest on the tax due. But it argues that it acted lawfully in doing so. The hearing is expected to last for one day.

The case was granted permission to go to a full hearing in June 2012, one day before the NAO concluded a judge-led investigation into tax settlements which found that the Goldman Sachs deal was reasonable.

However, the Guardian disclosed last month that the head of the NAO, Amyas Morse, appeared to undermine the process before it had even started by telling Hartnett that the inquiry would find "nothing of substance".

It is believed that HMRC's defence rests on the findings of the NAO report that the deal was "reasonable".

A spokesman for HMRC said that it could not comment on individual agreements, but "bespoke deals" had been found to be good value.

"The National Audit Office looked into the 'bespoke governance' settlements, finding they represented good value for the country and were properly carried out. However, since then we have significantly improved the transparency of the governance around our large business settlements," he said.

Azure is led by experienced Chartered Accountants and business advisers and specialises in providing online accountancy services to owner managed businesses.Azure Global’s vision is to be widely recognized as a reputed firm of financial business advisors, achieving real growth for ambitious companies and to become the first choice for F&A outsourcing for accountancy practices and businesses alike for more info visit our site Azure Global and join us On Facebook 

Article source : http://www.guardian.co.uk 

UK avoids triple-dip recession with better-than-expected 0.3% GDP growth

George Osborne says growth is evidence the coalition's policies are helping to 'build an economy fit for the future'

George Osborne has welcomed news that Britain's economy expanded by a stronger-than-expected 0.3% in the first quarter of 2013, avoiding a triple-dip recession.

As the first estimate from the Office for National Statistics showed that a healthy performance from the services sector helped GDP growth to beat the 0.1% expected by City pundits, the chancellor said it was evidence that the coalition's policies were helping to "build an economy fit for the future".

"Today's figures are an encouraging sign the economy is healing," he said. "Despite a tough economic backdrop, we are making progress. We all know there are no easy answers to problems built up over many years, and I can't promise the road ahead will always be smooth, but by continuing to confront our problems head on, Britain is recovering and we are building an economy fit for the future."

The key services sector expanded by 0.6% on the quarter, according to the ONS, while industrial production also grew, by 0.2% – though much of that was accounted for by North Sea output. The struggling construction sector declined by 2.5%.

The business secretary, Vince Cable, said: "Today's figures are modestly encouraging and taken alongside other indicators, such as employment figures, suggest that things are going in the right direction."

Despite the unusually cold weather in March, the ONS denied that the weather had had any measurable impact on the figures. While retailers suffered in January and March, that was partly offset by increased demand for energy from householders turning up their heating against the freezing temperatures outside.

The spring bounce in the economy will have come as a relief at the Treasury, with officials from the International Monetary Fund due to arrive in the UK on 8 May to scrutinise the coalition's policies. A negative number, after the 0.3% contraction in the final quarter of 2012, would have marked an unprecedented triple-dip recession.

However, Labour will seize on the fact that, as the ONS said in its statement, GDP "has been broadly flat over the last 18 months". Output from the economy remains 2.6% below its pre-crisis peak in 2008.

Tony Dolphin, chief economist at the Institute for Public Policy Research, said the economy was "stuck in a rut".

"Normally, we would expect the economy to grow by around 12% over any five-year period. The fact that it has contracted by 2.6% instead means almost 15% of potential output has been lost, along with the employment opportunities and tax revenues that would have accompanied it," he added.

David Brown, of New View Economics, said: "The government have been very, very lucky. They have avoided a third dip into recession by the skin of their teeth. There is nothing to celebrate over as the UK economy is not out of the woods yet."

Sterling hit its highest level against the dollar in two months after the news, rising by more than a cent, to $1.5414, amid speculation that the Bank of England will be less likely to expand its recession-busting quantitative easing programme against the background of a healthier economy.

"From a policy point of view the signs that the UK economy may be growing, albeit weakly, are probably enough to put to rest any chance that the Bank of England would expand QE in May," said David Tinsley, at BNP Paribas. Three of the Bank's nine members voted for an expansion of QE at their April meeting.

Azure is led by experienced Chartered Accountants and business advisers and specialises in providing online accountancy services to owner managed businesses.Azure Global’s vision is to be widely recognized as a reputed firm of financial business advisors, achieving real growth for ambitious companies and to become the first choice for F&A outsourcing for accountancy practices and businesses alike for more info visit our site Azure Global and join us On Facebook

Article source : http://www.guardian.co.uk

'Big four' accountants 'use knowledge of Treasury to help rich avoid tax'

Experts offering advice on legislation they helped to create is 'ridiculous conflict of interest', says select committee chair Margaret Hodge

The so-called "big four" accountancy firms are using knowledge gained from staff seconded to the Treasury to help wealthy clients avoid paying UK taxes, a report by the influential Commons public accounts committee says.

Deloitte, Ernst & Young, KPMG and PricewaterhouseCoopers have provided the government with expert accountants to draw up tax laws. But the firms went on to advise multinationals and individuals on how to exploit loopholes around legislation they had helped to write, the public accounts committee (PAC) found.

Margaret Hodge MP has called on the Teasury to stop accepting staff from the 'big four' accountancy firms when drawing up new laws.

 Margaret Hodge, the PAC's chair, said the actions of the accountancy firms were tantamount to a scam and represented a "ridiculous conflict of interest" which must be stopped. "The large accountancy firms are in a powerful position in the tax world and have an unhealthily cosy relationship with government," she said, calling for the Treasury to stop accepting their staff to draw up new tax laws.

The report comes after David Cameron on Thursday set out plans to use Britain's chairmanship of the G8 to tackle what he described as staggering worldwide levels of tax evasion and avoidance.

The PAC claims HM Revenue and Customs had to seek outside help because it was engaged in a "battle it cannot win" in seeking to stem the losses to the exchequer from tax avoidance.

The accountancy giants employed almost 9,000 staff and earned £2bn a year from their tax work in the UK, and £25bn globally, the report claims. MPs found that Revenue and Customs had far fewer resources, particularly in the area of transfer pricing: complex transactions deployed by multinational companies in order to shift taxable profits to low tax jurisdictions. "In the area of transfer pricing alone, there are four times as many staff working for the four firms than for HMRC," the report says.

The committee highlights the way the firms seconded staff to the Treasury to advise on issues in the drafting of legislation. "Through their work in advising government on changes to legislation they have a detailed knowledge of UK tax law, and the insight to identify loopholes in new legislation quickly," it said.

One example in the report is that of KPMG, whose staff advised on the development of "controlled foreign company" and "patent box" rules, and then issued marketing brochures highlighting the role they had played. The brochure "Patent box: what's in it for you" had, it said, suggested the legislation represented a business opportunity to reduce tax and that KPMG could help clients in the "preparation of defendable expense allocation".

The committee is "very concerned by the way that the four firms appear to use their insider knowledge of legislation to sell clients advice on how to use those rules to pay less tax", the report adds.

The report was welcomed by Prem Sikka, professor of accounting at University of Essex. "They [the big four] are the epicentre of a global tax avoidance industry and the loss of tax revenues is directly responsible for the current economic crisis. The Treasury should follow the US authorities and prosecute and fine the firms. The habitual offenders should be shut down," he said.

Officials from HMRC rejected criticisms that tax officers were not making progress in tackling avoidance. "The facts show that we are not only aggressively fighting battles against tax avoidance, but we are winning them," a spokesman said.

KPMG said in a statement: "When requested to by government departments we do provide individuals on secondment. Their role is to provide tax technical input and commercial experience so that the authorities can make informed choices on tax policy. Our secondees do not write legislation or make policy decisions."

Bill Dodwell, head of tax policy at Deloitte, said: "We do not believe that there has ever been any conflict of interest but would want to help ensure that there is no perception of conflict." Kevin Nicholson, head of tax at PwC, said: "We provide technical insight to government but only when asked and are never involved in deciding tax policy which is a matter for the government."

In evidence to the committee, John Dixon, Ernst and Young's head of tax, said: "I think there are benefits in the work we do with government ... benefits to the country at large. If you look at the quality of the legislation that we now have ... it is a lot better than it was 10 years ago.

"Why is that? Because we are actively working with government, at our cost, to make sure that the legislative footprint we are working with is as clear and concise as it can possibly be."

An HMRC spokesman said: "HMRC gives careful consideration to the potential risks, as well as how to mitigate any potential conflicts of interest, before any such secondments are agreed. On balance, the carefully targeted use of secondees is beneficial for the development of tax policy and improving the effectiveness of the tax system."

Cameron, who hopes to use an EU summit in May as a stepping stone to a wider agreement at the G8, wrote to all EU leaders proposing:

• Rapid movement to a global system of information exchange to help tackle tax evasion including through the use of offshore trusts.

• Action plans by G8 countries to produce full transparency, breaking through walls of corporate secrecy and establishing central public company registries.

• Voluntary deals for multinational firms to make clear the tax they pay in every country they operate in.

• Implementation of the EU accounting directive so developing countries can access information on payments to governments made from the oil, gas and mining industries.

Azure is led by experienced Chartered Accountants and business advisers and specialises in providing online accountancy services to owner managed businesses.Azure Global’s vision is to be widely recognized as a reputed firm of financial business advisors, achieving real growth for ambitious companies and to become the first choice for F&A outsourcing for accountancy practices and businesses alike for more info visit our site Azure Global and join us On Facebook

Article source : http://www.guardian.co.uk