Sir Mel Stride
MP for Central Devon · Conservative · United Kingdom
“May I welcome the Chancellor to his position and thank him for his kind remarks earlier? May I also wish him every success, because I am afraid that under this Government we need some? He will know that if we are to fix the economy, we have to fix the welfare bill.”
“Given all that is going on, this could be the last time. The legacy of this Chancellor has been the highest taxes on record, a benefits bill spiralling out of control, and unemployment 300,000 higher than it was at the last general election. The right hon.”
“The right hon. Lady cannot bring herself to answer the simple question I asked. I will tell her: she is borrowing one quarter of a trillion pounds more than the plans that she inherited—that is her legacy. We hear that the right hon. Member for Makerfield (Andy Burnham) is considering borrowing even more.”
“May I begin by agreeing with you, Mr Speaker, and saying how disrespectful it is that this U-turn on fuel duty has already been released to the media earlier this week?”
“Today’s announcements will bring little comfort to the hundreds of thousands of people who have lost their jobs, the countless businesses that have folded and the high streets that are now hollowed out.”
“The Conservative party has been campaigning for a fuel duty freeze for months. The Chancellor repeatedly rejected those calls, creating unnecessary uncertainty for motorists and businesses. Why did it take her so long to realise that putting up fuel duty during an energy crisis is a bad idea?”
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“She understandably asked how we know whether such a payment should be seen as having an expectation attached to it. The answer is if that payment is customary. If someone is involved in a sports club of some sort, and there is a testimonial every year for a particular player or group of players, and that had been going on for some time, that would be a customary testimonial situation. In those circumstances, the tax treatment would follow accordingly. The hon. Lady also raised a point about employer NICS at 13.8% being applied above the £30,000 threshold. She raised the prospect that some of that may be borne by the employee, because the employer would have a certain amount that they were looking at. She raised the question of what the balance was between who bears that cost and the £200 million per year received by the Exchequer.”
“The Exchequer Secretary to the Treasury has just reminded me that there has been a lot of information out there—we have, not least, written to Members to explain the background to these measures. As to the hon. Lady’s specific point, she has raised the quality of information memorandums with me before in a different context. I said on that occasion, and I will restate now, that I am happy to look at the point she has raised. While we may have disagreements over policy across the House, I think we all accept that it is important that the relevant information is clearly provided and in the right place, and I will certainly be happy to look at that issue. The hon. Lady raised the issue of tax treatment where there is an expectation that a testimonial payment will be made.”
“I welcome the return of this debate, which was so interestingly interrupted by rain—I think that is about the only matter raised for which I have not been blamed at some point, as it was an act of God. I congratulate my hon. Friend the Member for Aberdeen South (Ross Thomson) on securing the debate, and I thank all those who have participated, both today and last week. Perhaps I can try to find the one element of consensus that unites Members on both sides of the House. Most speakers have referred to the fact that they have no time for aggressive and contrived tax avoidance, and they are right. Every amount of tax avoided in such a way means more tax for other taxpayers to find, or less funding for our vital public services.”
“Because that money it is treated as a loan, it is claimed that it does not incur any national insurance or income tax because it is not earnings. When confronted with the reality of how these schemes work, most people would say that that is not right. That brings me on to one of the most commonly held misconceptions about these schemes and the loan charge, which is that the loan charge is retrospective. There was never a time in the history of our country where the model for payment that I have just outlined has ever been correct within the tax rules of any previous year. That is a simple fact.”
“I am afraid I will not. I want to make progress, as there is a lot to cover and little time. For the benefit of the House, let me set out the heart of how these schemes work, so that we are clear on that point. An employer can engage an employee and pay them in the normal way, by way of earnings, in which case national insurance for the employer and the employee is due. Income tax must also be paid by the employee. Alternatively, they can use a loan scheme, which generally works like this: instead of the employer paying the employee in the way I have described, money is sent out to a low or no-tax tax haven, and placed in a trust. That money then comes from the trust back to the United Kingdom, where it is treated as a loan, even though there is no intention of ever settling that loan or paying it off.”
“I will not give way just yet. My second point is that the very nature of this means of payment, of tax avoidance, is that it involves a loan that is still outstanding—those loans are still outstanding today, at this very moment, for any schemes that still persist. It is a simple fact that most people, including the 99.8% of the tax-paying public who did not go anywhere near these schemes, would have concluded that if something looked too good to be true, it probably was too good to be true.”
“Further, I can announce today that HMRC is now forming a dedicated team focused solely on agreeing these manageable payment arrangements for those due to pay the tax they owe by way of the loan charge.”
“For the reasons I have set out, it would not be right to delay these arrangements. Let me turn now to two particularly important issues that many Members have raised, first on the affordability of payment arrangements. Let me be very clear: it is never the intention of HMRC to bankrupt anyone who comes forward in good faith to agree a manageable payment plan. I can confirm that HMRC is authorised to agree tailored repayment plans for those affected by the loan charge based on ability to pay. Where tax is payable under self-assessment, payment will of course not be due until January 2020. There is also no maximum repayment period, and plans of 10 years or more can be put in place where required.”
“In fact, it is currently investigating more than 100 promoters and others involved in the promotion of tax avoidance. That includes promoters of disguised remuneration schemes. In recent years, HMRC has also litigated a number of cases of failure to disclose under DOTAS, which came in in 2004—not recently—and several recent decisions in cases on disguised remuneration have been found in HMRC’s favour. HMRC has also made successful complaints to the Advertising Standards Authority in relation to DR schemes to stop promoters making misleading claims about the arrangements they are selling. Just two weeks ago, HMRC announced that it had won a legal case against a loan scheme avoidance promoter, Hyrax Resourcing, which will help HMRC to collect over £40 million in unpaid tax.”
“It could not be clearer: HMRC has publicly stated that nobody will lose their primary residence as a consequence of settling their loan charge liability. On the point my hon. Friend the Member for Gordon (Colin Clark) raised about employers and individuals, it has been assumed widely in this debate that the vast majority of those impacted by these measures are individuals. That is not the case. Of the 6,000 settlements to date and the £1 billion that has been brought in, 85% by value has come from employers, not employees. In the first instance, HMRC will go to the employer, not the employee. The issue of promoters is extremely important and, quite rightly, a number of right hon. and hon. Members have raised it. I want to make it clear that HMRC is cracking down on the unscrupulous promoters who sell these schemes.”
“Some of the other misinformation includes the idea that thousands upon thousands of taxpayers are about to be made bankrupt. HMRC very, very rarely has a situation where somebody is placed in bankruptcy. That is not right for the individual and it is not right for our tax collecting authority. In fact, my hon. Friend the Member for Mole Valley (Sir Paul Beresford) gave several examples last week of where he had accompanied his constituents and got involved with their tax affairs and their dealings with HMRC. In each case, as he was able to state, a fair and reasonable settlement was entered into. That is the main thrust of HMRC’s approach. It has also been suggested that people will lose their home as a consequence of the loan charge.”
“My hon. Friend is entirely right. I will come on, in the limited time I have, to deal with both employers and promoters, as those are very important aspects too. When it comes to retrospection the other important point is that, contrary to the suggestion many right hon. and hon. Members have made that this issue has just suddenly appeared and HMRC has just started to address these scheme, it has been taken through the courts over countless years. In 2004, Dawn Primarolo, who was referred to earlier in this debate, was instrumental in bringing in the DOTAS legislation upon which recent cases have been concluded in HMRC’s favour. There has been a concerted effort by HMRC over many, many years to clamp down on these particular arrangements.”
“I have no time, I’m sorry. The second very important matter I would like to address is the interaction between vulnerable people and HMRC regarding disguised remuneration and the loan charge, including where there are mental health issues. Let me make it clear that wherever HMRC is engaging with vulnerable people, it will do everything it can to ensure that they have all the support they need. This support includes a helpline that is dedicated solely to looking after loan charge customers, with a team fully trained to identify those who may be vulnerable and to provide appropriate support. Where necessary, HMRC will always refer individuals to the right external sources of support.”
“When we fail to do so, we are effectively saying to the 99.8% of taxpayers who have not been involved in these schemes that we expect them to pay more, and we deny our vital public services—our nurses, teachers, doctors, police and many others—the funding that they deserve.”
“I have little time and I must cover the ground. HMRC also has a vulnerable customers team available to provide specialist, one-to-one support for vulnerable customers in need of it. Today, I can confirm that HMRC will be expanding its specialist service for customers with additional needs so that it will include anyone who finds their tax affairs under scrutiny. As we roll out that additional support, we will start with those affected by the loan charge as our first priority. I appreciate that facing any tax bill is unwelcome, but it is only right that we deal with disguised remuneration.”
“This Government have made very significant progress in reducing the burden of taxation on the low paid, including by recently increasing the personal allowance to £12,500—thus taking 1.7 million of the lowest paid out of tax all together since 2017. [Official Report, 11 April 2019, Vol. 658, c. 5MC.]”
“My hon. Friend makes the important point that there are many costs and taxes that bear down on the lowest paid. That is why, in addition to increasing the personal allowance, the Conservatives have introduced the national living wage, which has gone up well above the rate of inflation this April. We have frozen fuel duty for nine years in a row, which has saved the average car driver £1,000 cumulatively. We should also not forget that 28% of all income tax is paid by just the highest 1% of earners.”
“I am surprised that the hon. Lady should mention the level of tax paid by the most wealthy, because under this Government, as I have just stated, the highest-earning 1% pay a full 28% of all income tax. Under the last Labour Government, that figure was substantially lower at around 24%.”
“My right hon. Friend the Chief Secretary has just appeared before the Procedure Committee to address just the issue that my hon. Friend raises.”
“As the hon. Gentleman may know, £400 million went into social care just at the last Budget. It is the mission of this Government to get taxes as low as possible so that we have a strong economy. Our record is good: we have about the highest level of employment in this country’s history, more women are in work than at any time in our history, and we have halved unemployment since the mid-1970s. All of that is about creating the wealth and the money to make sure that we can afford the public services that the public expect.”
“The Government have made substantial progress in reforming the stamp duty regime. At autumn statement 2014, SDLT was cut for 98% of those people due to pay it.”
“The year-on-year changes to the level of receipts from SDLT have reduced recently, but that is due largely to the fact that we have put a great deal of relief into first-time buyers’ relief, which is already helping 240,000 first-time buyers get on to the housing ladder.”
“It is most certainly not our priority to reduce SDLT for the very wealthy. In fact, the current levels—12% plus 3% if it is an additional dwelling—are high. I can also inform the hon. Lady that the amount we raised through stamp duty land tax in 2017-18 was twice the amount raised back in 2010-11.”
“The loan charge was announced at Budget 2016 and was subject to public consultation. We have received representations, including from campaigners and the wider public. Disguised remuneration schemes pay loans in place of ordinary remuneration, with the sole purpose of avoiding income tax and national insurance.”
“It is important that the House fully understands how disguised remuneration works. If, instead of paying an employee their earnings in the normal way, an employer pays them by way of a loan via an offshore trust in a low or no-tax jurisdiction—with no intention of ever repaying the loan and simply to avoid national insurance or income tax—that is wrong. As for the matter of retrospection, that model has never, ever complied with our tax code. The loans to which I refer are persisting today, not retrospectively. That is why it is right—and only fair on those taxpayers who pay the correct amounts at the right time, and on our vital public services, which rely on that money—that we collect it.”
“In the Hyrax case, which was concluded recently, it was found that the promoter was not behaving appropriately, and about £40 million worth of tax is likely to be recouped as a consequence.”
“It is indeed incumbent on HMRC to take its duty of care towards customers—particularly vulnerable customers —very seriously, and I am confident that it does just that. There is a dedicated helpline for those who have been affected by the loan charge, and a vulnerable customers team provides one-to-one support. We recently announced that we would extend the needs enhanced support service to those who are subject to open investigations of their tax returns. The hon. Lady mentioned promoters. My right hon. Friend the Chancellor has already mentioned that more than 100 investigations of companies that promote tax avoidance are currently taking place. Other litigations in respect of offences relating to the disclosure of tax avoidance schemes have resulted in wins for HMRC.”
“It is largely companies that fall due to the loan charge, rather than individuals—of the 6,000 cases currently being settled, 85% by value relate to companies. HMRC has always been clear that appropriate payment arrangements will be in place to ensure that those outstanding amounts of tax, which after all have been avoided, aggressively and in a contrived way, can be settled sensibly.”
“We are looking at that seriously, but it depends to a large degree on our getting in place the digital arrangements between local authorities so that we can transfer information on business premises owned by the same entity. That programme will be introduced by about 2024, but I am happy to have further discussions with him on the matter.”
“In 2016 we introduced £300 million for hard cases, which is there for local authorities to use at their discretion. We doubled the level of rural rate relief, from 50% to 100%, to help small communities where perhaps there is just one pub, post office or petrol station. A number of right hon. and hon. Members mentioned the discount of one third brought in at the last Budget. I congratulate my hon. and gallant Friend the Member for The Cotswolds (Sir Geoffrey Clifton-Brown) on securing the debate. He asked a number of sensible and relevant questions about the whole way we structure our business rates. He asked specifically about the allowance, which we have discussed previously.”
“We have had a very good debate on the extremely important matter of business rates. I will reiterate right at the start that this Government want to see taxes as low as possible. We have made a number of advances in that respect, as the House will know, in areas such as income tax and corporation tax. Equally, we want the burden of rates on businesses up and down the country to be as low as possible. For that reason, as several right hon. and hon. Members have highlighted, we doubled the small business rates relief, from £6,000 to £12,000 as a rateable value threshold, taking 655,000 businesses out of business rates altogether. We also switched from the retail prices index to the consumer prices index for the uprating of the multiplier, further reducing the burden by £5 billion over the next five years.”
“I will have to come back to my hon. Friend with an answer to that specific technical question, but I will gladly do so. Several Members rightly mentioned our high streets package. My right hon. Friend for New Forest West (Sir Desmond Swayne) made reference to the fact that it is not all about business rates; it is also about how we design and evolve our high streets to face the changing nature of retailing, which of course includes the rapid advance of online retailing. Several Members mentioned the digital service tax that we are committed to bringing in by 2020, and we will do so unilaterally in the absence of a multilateral move on the behalf of other countries.”
“Earlier in my speech, I went through at length the large number of reliefs that we have brought in to make sure that across the piece we are bearing down wherever we can, particularly in respect of those smaller businesses that might find expenses of this kind particularly arduous. Given that we have had a rather lengthy debate preceding my remarks—”
“I will not give way at this moment. We have listened carefully as a Government and will continue to bear down on business rates. I look forward to having further discussions about that with my hon. Friend the Member for The Cotswolds and welcome the full and comprehensive debate we have had. Question put and agreed to .”
“My right hon. Friend the Secretary of State for Scotland has regular discussions with fellow Cabinet Ministers regarding all matters that are of importance to Scotland.”
“May I reassure my hon. Friend that discussions are held right across Whitehall Departments, including those to which he refers, to ensure that the city deal projects, including the Stirling and Clackmannanshire city deal, are as successful as possible? I also recognise the extraordinary amount of work, effort and drive that he has personally put into helping ensure that they are a success.”
“The cross-Government analysis that we have already come forward with shows, as the hon. Gentleman will know, that, on the basis that we are leaving the European Union, by far the best outcome is to support the Prime Minister’s deal.”
“The Barnett formula has been honoured. As the hon. Gentleman will know, there are Barnett consequentials where moneys are allocated to devolved matters within England. That is not the case in the recent additional amounts to support the Northern Ireland budget. It is also the case that in the recent autumn Budget the Chancellor announced changes that resulted in an additional £950 million for the Scottish Government.”
“The Government are most certainly listening to all those who have concerns about the introduction of tariffs where they are not in existence, as is currently the case between ourselves and the EU27. Once again, that is why the deal that is before the House, which has been negotiated with the European Union, is so important—because that would mean that we would not run into those particular difficulties.”
“I have no hesitation in answering on behalf of my right hon. Friend the Secretary of State, bound as I am to do so, given that I started this series of questions and convention dictates that I have to reply on his behalf. Those are all absolute priorities for my right hon. Friend, and he will continue to speak up for the people of Scotland.”
“I categorically do not accept the points the hon. Lady makes. My right hon. Friend does indeed stand up for Scotland, which is partly why— [ Interruption. ] The reason why he is not at the Dispatch Box, as the hon. Lady well knows, is to do with the way in which the conventions of the House operate in respect of the answering of questions. She knows that and it is a little unfair of her, if I may say, Mr Speaker, to try to make political capital out of that particular procedural element. My right hon. Friend has stood up for Scotland to the extent that there was £950 million additional budget for Scotland as a consequence of the last autumn Budget, with £1.3 billion going into city growth deals across Scotland. That is to support Scotland, the economy and the Scottish people.”
“In his spring statement, the Chancellor announced the provision of up to £260 million for the borderlands growth deal, which will take the total investment to £345 million.”
“We are totally committed to supporting infrastructure in Scotland. That is why we have announced £1.3 billion to support eight city growth deals that will promote economic growth, prosperity and jobs in Scotland.”
“Regeneration is of course a devolved matter, but I can assure my hon. Friend that the Government will be supporting Perth via a £150 million commitment to the Tay cities deal.”
“The spring statement builds on the autumn budget, which resulted in an extra £950 million for the Scottish budget, and also at the spring statement my right hon. Friend the Chancellor announced a further £260 million commitment to the borderlands growth deal.”
“Substantial tax powers have been devolved to the Scottish Government, including those relating to the rates of income tax, but the UK Government are committed to bringing taxation down, first and foremost by increasing the personal allowance to £12,500 one year earlier than our manifesto commitment and reducing tax in total for over 32 million people throughout the UK.”
“It also allows businesses more time to cope with their additional responsibilities in meeting safety and security requirements, and ensures that the UK-Crown dependency trade flow is facilitated without compromising safety and security. I commend the regulations to the Committee.”
“The UK Government have committed to avoiding a hard border, and we will do everything in our power to ensure that no physical infrastructure or related checks and controls are introduced at the border in the event of no deal. Safety and security declarations will not be required for goods moving between Northern Ireland and Ireland. However, they will be required for goods being imported to and exported from Northern Ireland from other territories, unless the movement is covered by the transitional period introduced by the safety and security instrument, which applies to all of the United Kingdom. To conclude, the instrument ensures that the UK will continue to have a robust and operable safety and security regime in place after its departure.”
“Therefore, until at least 1 October 2019, we will not require entry summary declarations on goods imported into the UK from the EU, and other territories where we do not currently require them—for example, Switzerland and Norway. That will give traders a transitional period of six months from the day the UK leaves the EU. Carriers will be legally required to submit safety and security declarations after that transitional period. When the UK leaves the EU, a separate customs union will be created between the UK and the Crown dependencies—the Channel Islands and the Isle of Man. The instrument includes a provision to ensure that the movements of goods between the UK and the Crown dependencies do not require safety and security declarations. I should also be clear about the effect of the SI on the border between Northern Ireland and Ireland.”
“We have engaged with industry on the introduction of the new requirement for imports from the EU. Industry was clear that it would be challenging, if not impossible, to be ready for that new obligation on day one. We also considered the risk from goods from the EU if we leave at the end of this month without a deal. Given that the EU’s rules and standards are not changing, our view is that the risk to the UK after we exit the EU will not increase on day one. As such, the instrument also introduces a provision to phase in the requirement for entry summary declarations on EU goods after 29 March, or on such date as we may leave the European Union.”