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Grant Thornton says Chancellor's Pre-Budget Report will offer tax cuts to boost economy: yet what will really help get UK businesses back on an even keel?

Faced with the turmoil in the global banking system, the Chancellor has been forced to make difficult decisions using taxpayer's money to prop up banks and pump money back into the financial markets. The Chancellor's Pre-Budget Report (PBR) will not want to stifle business competitiveness when the UK economy is looking to attract investment back, but this could be at the expense of a big rise in borrowing owing to the fall in tax receipts allied to tax cuts, says leading business and financial advisers, Grant Thornton.

Stephen Gifford, chief economist at Grant Thornton says, "The economy will be the main focus of the PBR. The economic climate has deteriorated sharply since the last Budget in the Spring. The UK economy is now almost certainly in a major recession with GDP growth expected to plunge by at least 1% in 2009. The Chancellor may not admit the economy is in this bad a shape but he will certainly have to radically downgrade his forecasts yet again.

"The public finances are taking some hard knocks at the moment with both of the golden rules looking more than a bit dented around the edges. Expect the Chancellor to quietly drop these from his speech as he has already said himself that to apply them in these economic times would be 'perverse'. He will instead focus on substantive tax cuts of £10-20 billion to stimulate the economy. Increased investment in public projects should also feature, particularly in housing but, as these take time to develop and then deliver, they are likely to play second fiddle to a tax cutting agenda."

"Overall, the Chancellor has little room left for manoeuvre. The extravagant spending decisions of his predecessor are now catching up with us and the chickens are indeed coming home to roost. The difficulty now is how to raise much needed revenue in the midst of a recession. Public borrowing is expected to rise significantly, hitting as high as £100 billion over the next 12 months."

"With the Conservative party announcing its package of tax cuts to help small businesses and proposed measures such as a VAT holiday and National Insurance breaks, the Government will have to step up its actions to help UK businesses, setting out some serious policies and not be seen to mirror opposition measures," concludes Gifford.

UK taxation of foreign profits

According to Roopa Aitken, international tax partner at Grant Thornton, the Government needs to state clearly what its intentions are in respect of the current review of the taxation of foreign profits which impacts on multinational companies (MNCs) with UK holding companies. 

 “This is a ‘wait and see’ PBR for many multinational companies who have been watching with great interest the recent relocations of large UK based multinationals' parent companies out of the UK to more favourable countries and who have this option high on the corporate agenda. Ireland has been a favoured choice as a combination of its business and tax laws creates an accommodating environment for inward investment, parent company location and European holding companies. Although the headline corporate tax rate is low at 12.5%, compared to the UK's 28%, Ireland has other attractions such as a reduced administrative burden and greater certainty since there are no controlled foreign company (CFC) or transfer pricing rules."

"UK corporation tax currently stands at 28%, which is higher than the EU average of 25.8%. The Government has recently reduced the rate of corporation tax in the 2007 Budget when it stood at 30%. Given the current economic crisis it is unlikely that the Treasury can afford to go further. However, the Treasury will need to provide a clear statement on the future of the corporate taxation system, something up until now it has faltered on.”

“If the Government can provide clarity on taxation and incentives to stay in the UK then the trickle of businesses out of the UK may come to a halt. However, if the Chancellor does not spell out his intentions on foreign dividend exemptions then other large multinationals may follow suit, something that the Government can ill afford.”

Arguably some strong incentives such as a dividend exemption, should be announced which would allow UK holding companies to repatriate cash from overseas subsidiaries as a priority without being penalised by over-complicated tax rules. In the current economic environment any announcement which would encourage greater cash circulating in the UK would be welcome.

“A key concern for multinational companies with headquarters in the UK is the taxes on the profits of their overseas subsidiaries. The imposition of UK taxes on overseas companies owned by British multinationals place UK holding companies at a competitive disadvantage and the continuing uncertainty is also damaging UK competitiveness."

The original proposals concerning the taxation of foreign profits included largely welcome changes, which covered in very broad terms:

  • Some exemptions in relation to foreign dividend income

  • Significant changes to the Controlled Foreign Company (CFC) regime (under which profits in overseas subsidiaries can be taxed)

  • Some restrictions on the deductibility of interest expense

  • An abolition of the need for Treasury consent

Given the long consultation process already undertaken, it would be unfortunate if the Government missed the opportunity to bring in change which could provide a much needed boost to UK businesses.

Reluctance to apply a windfall tax on energy companies?

Ruth Dooley, corporate tax partner at Grant Thornton, says "Windfall taxes may be a quick revenue earner but will do the Government no favours in the long run so they would be wise to steer clear of this option. The Government is committed to end fuel poverty in vulnerable households by 2010 and therefore to tax energy companies would make no sense as this extra tax burden could be passed down to the customer."

At a time when the Government is looking into reliable, sustainable and low emission methods of energy it would be unwise to impose a windfall on the very companies that will assist in meeting the Government's own manifesto pledge to reduce carbon dioxide emissions by 30% by 2010. *

"A windfall tax on energy companies would look like a tax grab on successful companies which is not a message the Government wants to communicate to successful businesses in the current economic climate. If the Government were going to impose a windfall on energy companies they would have done so by now. "

Other issues

There are a number of other areas that require clarification in the Pre-Budget Report.

Salary sacrifice: the end of the company perk?

Salary Sacrifice Schemes allow people to give up part of their salary for another benefit that might not be subject to income tax and national insurance contributions (NICs).

Clive Fathers, Head of Employer Solutions at Grant Thornton says, "As it stands, HM Revenue and Customs (HMRC) has generally accepted salary sacrifice arrangements that have been properly implemented. However, it is believed that arrangements conferring a benefit related to the employer's own trade, whilst not currently excluded by the legislation as it stands, are likely to come under attack."

In addition, there has been increasing concern that many employers are looking to cut costs by providing tax free benefits through salary sacrifice arrangements, which has meant that the tax loss to the Treasury has increased significantly. There has been talk that the concept of salary sacrifice arrangements for income tax and NIC purposes is being looked at closely by the Treasury.

A push towards employee share awards?

"This could be the right time for employers to issue employee share awards as share prices are low. The introduction of further tax incentives at this PBR could improve the uptake and simultaneously have the benefit of buoying up the financial market", says Clive Fathers, Head of Employer Solutions at Grant Thornton.

Share schemes have recently lost some of their attraction from a tax perspective as many employee shareholders will no longer benefit from an effective 10% rate of capital gains tax on an eventual sale owing to the changes in the Finance Act 2008 and the qualifying conditions for the tax-advantaged Enterprise Management Incentives (EMI) have become more restrictive.

Approved Mileage Rates & Employee Car Ownership Schemes

The tax-free approved mileage rates for employees using their own cars have remained at 40p for the first 10,000 miles travelled and 25p thereafter, since April 2002.

"There has been growing pressure from employers and employee groups to have these rates increased. Employees complain that they are paying for business travel costs out of their own pocket," said Stuart Hibberd, Manager, Employer Solutions at Grant Thornton. 

"Despite compelling evidence that the above rates have been, and remain, less than the costs incurred by employees, the Government appears to be unwilling to increase them. The current rates need to be increased. Thus, whilst an announcement in the Pre-Budget Report concerning HMRC's on-going review of Employee Car Ownership Schemes is expected, recent pronouncements by HMRC suggest that any across the board increase in the mileage rates for private car users are unlikely. Any changes, if they are eventually made, may be linked to the CO2 emissions of the vehicles and presented in a green wrapper. A careful examination of the contents will then be required to establish who will be the financial winners and losers."

VAT increase is unlikely

"Despite recent market speculation it is unlikely that, in this PBR, the Government will seek to increase VAT revenue," says Lorraine Parkin, head of VAT at Grant Thornton. "VAT is a transactional based tax and therefore if the Government raises VAT rather than face increased reduction in profits, businesses will seek to passthis additional increase in tax down to the consumer. In the current economic climate this would only slow growth, add to inflationary pressure and be unpalatable."

"Instead, the Government may introduce new measures to help small businesses. For example, the Chancellor may consider extending the VAT payment deadlines for SMEs and increasing accessibility to the VAT cash accounting scheme. This would mean that businesses would only account for VAT when they have been paid."

"The Government may also look to change the VAT Bad Debt Relief rules and reduce the current six month limit and make the claims immediate if the customer has become insolvent. As it currently stands a business can claim bad debt relief for VAT charged to customers, which has not been reimbursed back to the business. However businesses have to wait six months for this. All of these initiatives would help businesses in a time of financial upheaval and would present the government as championing businesses in these uncertain times," says Parkin.

Throwing a brick at the Construction Industry: Taxation Review?

When the Government introduced the new Construction Industry Scheme (CIS), HMRC began to review CIS subcontractors compliance with regard to all of its tax and social security obligations on a 12 month rolling basis.

"While the idea behind the CIS is to improve compliance in relation to work done in the construction industry by subcontractors, this is the last thing that the struggling industry needs. Subcontractors will have to ensure that they comply with tax payment and administrative obligations because if they do not, this could lead to a withdrawal of gross payment status and could cause greater cash flow difficulties and the inability to win new contracts. Fines have already hit £180 million since CIS has been introduced and some 227,000 gross payment status cancellation notices have been issued by HMRC. This has crippled some construction businesses," says Kathryn Hiddleston, Head of Construction at Grant Thornton.

"With the 2012 Olympics approaching, an aggressive approach to this scheme could have a disastrous effect for subcontractors and the construction industry as a whole and therefore it is unlikely that the Government would want to provide further hindrance to the industry. However the Treasury may waive this compliance obligation to help prop up the ailing property market. The Treasury has already reviewed the stamp duty land tax threshold and so may also review the strict compliance requirement regime for CIS subcontractors. Whilst the Treasury needs to generate revenue through clamping down on those that fail to meet compliance standards, it may choose to take a lighter touch against the construction industry during the current economic climate" Hiddleston explains.

Empty Property Relief

The reform of business rate empty property relief introduced in April 2008 to raise a forecasted £950 million tax revenues by 2009 has added significant woes to landlords. The reform was designed to impose downward pressure on commercial rents and improve the supply of property.

"Some landlords would rather demolish empty buildings than pay the business rates imposed on them and at a time when the Government is looking towards regeneration of its towns and cities this tax policy seems to have had the opposite effect. Rates on empty business properties were never welcomed and in this economic climate it is one expense that landlords can do without," says Clare Hartnell, Head of Property at Grant Thornton.

"Whilst this reform was supposed to be part of a regeneration initiative, it seems to have got lost in translation largely because the property sector has taken such a hit during the credit crunch. The Government will have to keep a watchful eye on whether more demolitions are taking place so that landlords avoid paying business rates and then see whether they will review the reintroduction of the relief. Given the current economic climate, any initiative to boost the property market would be welcomed and therefore a change in this relief may be wise", ends Hartnell.

*Defra, January 31 2007