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Alongside the Press Notices and Budget Notes various
supplementary documents have been published. These include the papers
entitled ‘Protecting Tax Revenues’ and ‘Simplifying Anti-Avoidance
Legislation’.
In broad terms ‘Protecting Tax Revenues’ is HMRC’s overview of why it needs
to protect tax revenue, what it has done to date and what it plans to do in
the next three years. In this context, HMRC is addressing those who ‘do not
readily pay the tax that they should’ whether as a result of error,
artificial avoidance, evasion or fraud. It states that the Government’s
approach is ‘balanced’, ‘evidence-based’, ‘comprehensive’ and
‘performance-based’. The document sets out the specific Public Service
Agreement targets for HMRC for 2005-2008 and the Departmental Strategic
Objectives for 2008-09 to 2010-11. In moving forward, it is stated that
existing strategies are being refined and new ones developed. It is stated
that key elements include:
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greater focus on
taxpayer groups
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better analysis
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modernising the legal
framework within which HMRC operates
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further exploiting the
benefits of an integrated department
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closer working with the
EU and international partners
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improving the skills
available to HMRC.
The document highlights the priority for HMRC to develop
further its relationship with large business to improve the UK business
environment and to move forward with Small and Medium sized Enterprises (SMEs)
and individuals. A progress report on HMRC’s plans to work better with SMEs
has been published today.
The document also refers to the Anti-Avoidance Simplification Review.
The Anti-Avoidance Simplification Review was launched in the Pre-Budget
Report 2007 and a progress report was published today. The principles which
are stated to underpin the work are:
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simplification will be
a priority when designing and reviewing tax policy alongside sound
public finances and fairness;
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the Government will
work in partnership with business to identify further opportunities to
simplify the tax system
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the Government will
share its finding on the viability of tax simplifications with business.
The stated priority areas are:
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ensuring new
anti-avoidance legislation is clear, effective and well targeted, and
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simplifying areas of
existing anti-avoidance legislation.
The document outlines the ways in which HMRC and HM Treasury have been
engaging with business and provides a summary of views. The various
approaches to anti-avoidance legislation from rules-based to more generic
approaches are outlined and it is stated that ‘the Government will need to
retain this range of approaches at its disposal’, but that generic
approaches ‘appear to provide scope for simplifying existing legislation’.
Various repeals have been announced (in relation to bond-washing and
dividend buying; transactions in securities and employment related
securities).
The specific areas for review are identified together with timetables:
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Transactions in securities
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Informal dialogue over summer with view to
possible formal consultation in autumn |
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Certain rules regarding shares acquired by
employees
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Informal dialogue over summer with view to
possible formal consultation in autumn |
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Loss transfers between groups of companies
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Capital loss buying will be closely linked with
the review of corporate capital gains and dialogue will commence
over the summer
Income loss-buying will be on a longer
timescale |
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Value shifting and depreciatory transactions
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This will be closely linked with the review of
corporate capital gains and dialogue will commence over the summer |
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Property lease premiums
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Linked to the ongoing consultations of the
principles-based approach to transfers on income streams |
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Unallowable purposes rules
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Informal dialogue over summer with view to
possible formal consultation in autumn |
An update on progress will be provided at PBR 2008.
In relation to indirect tax, consideration of the ‘option to tax’ supplies
of land and property is being taken forward in the context of the VAT
Simplification Review.
Our view
True simplification of the tax system would be welcomed in the interests
of business. For HMRC, simplification is linked with and constrained by
their need to protect the tax base and their perception of tax efficient
planning. In these documents we see a planned continuation of the
anti-avoidance strategy which has been implemented in recent years,
together with the likelihood of more targeted or general anti-avoidance
rules.
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