Britain’s largest corporations pay no tax/6 out of 10 US corporations
pay no tax
By Jean Shaoul
4 November 2008

A massive 220 firms, almost one third of Britain’s largest 700
companies, including Cadbury, Standard Chartered Bank and British
American Tobacco, paid no Corporation Tax in 2006-2007.

In addition, a recent report from parliament’s Public Accounts
Committee reveals that a further 210 firms paid less than £10 million
each. Just 50 firms (7 percent) paid 67 percent of the total. These
firms came from 3 of the 17 industry sectors: banking, oil and gas,
and insurance.

Small and medium-sized businesses paid nearly half of all Corporation
Tax. Not only did large corporations pay just 56 percent of all
Corporation Tax, but they paid £0.5 billion less in real terms than in
the previous year.

Corporation Tax from large firms raised just £23.8 billion in
2006-2007. Her Majesty’s Revenue and Customs (HMRC) spends just £28
million in collecting tax from big business.

The Missing Billions: The UK Tax Gap, a report prepared by Richard
Murphy of Tax Research for the Trades Union Council (TUC) in February
2008, examines the accounts of the 50 largest companies, and
calculates the tax lost to the government from tax avoidance by the
very wealthy at £25 billion annually. This comprises £13 billion from
tax avoidance by individuals and £12 billion a year from the 700
largest corporations—and the figure is rising.

Corporations can avoid tax because they operate internationally. This
allows them to trade between their various subsidiaries at prices that
enable them to report profits in low-tax countries, a practice known
as transfer pricing. Tax is payable in the country where the parent
company has relocated its activities for tax purposes, not where the
profits were generated.

Up to 60 percent of world trade is undertaken to redirect profit from
where it is generated to where top management wants to locate it in
the interest of lowering costs, including tax costs. The accounting
rules mean that there is no disclosure of any intra-company trading
that facilitates such transfers.

Tax Research found that nearly all the 50 largest companies paid 5
percent less than the amount they declare as payable in their
accounts. Their effective tax rate, the amount actually paid, was
about 22.5 percent, not the 30 percent set by Parliament, and fell by
0.5 percent a year over the previous seven years even though there was
no change in the tax rate.

By 2011, when the new higher rate of Corporation Tax for small and
medium-sized enterprises (SMEs) reaches 22 percent, big business will
be paying a lower proportion of their profits on tax than SMEs.

Based on the de facto as opposed to the official tax rate, the UK
ranks 16th highest in the European Union, with France the highest and
Malta the lowest. It means that for all practical purposes, the UK—
with the exception of Ireland—has the lowest Corporation Tax rate in
western Europe.

The report estimates that the cumulative tax savings of these 50
largest companies was £47 billion, £2 billion more than the total
Corporation Tax paid by all companies in 2006. In addition to the £25
billion lost revenues resulting from personal tax and corporate tax
avoidance in the UK, a further £8 billion a year is lost as a result
of tax planning, whereby the wealthiest—those earning more than
£100,000—take advantage of the opportunities provided by Britain’s tax
laws to reduce their tax rate. It states that the rich can “make a
disproportionately greater and more lucrative use of tax planning than
those on lower incomes. In particular, those on higher incomes who
control their own businesses have more scope to plan their tax than
those who pay tax primarily through PAYE [pay as you earn, whereby tax
is deducted by employers].”

They do this by some combination of:

• Shifting income from the person who should pay the tax to someone
else, which probably leads to a loss of tax revenue of at least £3.2
billion a year.

• Moving transactions out of Britain. This is believed to result in a
tax loss of £4.3 billion a year. Changes to the rules announced in the
2007 pre-Budget report will cut this to a measly £500 million a year.

• Changing the nature of the transaction so that it is subject to
Capital Gains Tax, not income tax, resulting in a tax loss of about
£1.8 billion.

• Deferring income.

• Obscuring the nature of the transaction.

• Abusing the law relating to limited companies.

To get some sense of perspective of what all this means, the amount
lost due to tax planning by those earning more than £100,000 a year
would increase child tax credits by enough to halve child poverty.
Recovering just under half the total amount lost due to tax avoidance
would be enough to increase the state pension by 20 percent, or reduce
the basic rate of income tax by 3p in the pound or build another 50
hospitals.

Unpaid tax by the rich and major corporations costs every British
worker at least £1,000 a year.

Corporate refusal to pay tax is not just a British but a universal
phenomenon. A report by Christian Aid, Death and Taxes: The True Cost
of Tax Dodging, published earlier this year, argues that illegal tax
evasion by companies is depriving the world poorest countries of US
$160 billion a year. The sums lost globally due to tax evasion, which
is illegal, are approximately equal to nearly one and a half times the
amount of foreign aid given to poor countries. Adding in tax
avoidance, which is entirely legal, this would be several times
greater than all foreign aid.

The money lost due to illegal tax evasion could save the lives of
350,000 children, 250,000 infants, every year. Christian Aid Director
Daleep Mukarji said that “illegal, trade related tax evasion alone
will be responsible for the deaths of some 5.6 million children under
the age of five between 2000 and 2015.”

The charity blames the secrecy offered by more than 70 tax havens
around the world for the widespread abuses and accuses the
international accountancy firms of facilitating the evasion, often
illegally, as the US$450 million tax fine on KPMG in the US
illustrates.

Raymond Baker, someone who without blushing describes capitalism as
“the greatest economic arrangement ever devised,” writes in his book,
Capitalism’s Achilles’ Heel, that Western governments and banks are
failing in their duty to police the system. “Falsified pricing, [tax]
haven and secrecy structures and the illicit movement of trillions of
dollars out of developing and transitional economies break the social
contract…that Adam Smith incorporated into the core of the free market
system,”

Baker notes that 6 out of 10 US corporations pay no tax and that
advanced countries could make massive inroads into world poverty by
tackling the abuse of the tax and banking systems.

In the final analysis, tax payments by business represent a deduction
from the surplus value extracted from the working class and available
to the capitalist corporations and their owners in the form of profit.
Any reduction in tax payable—or more importantly, tax actually paid—
represents an attempt to increase their profit or the rate of return
on capital employed.

During the post-war period, when profit rates were rising or at least
not falling, corporations largely paid their taxes. But in the 1970s,
as the absolute amount of capital employed in modern industries rose,
the rate of profit began to fall.

Corporate bosses sought to counter this by moving production overseas,
cutting out swathes of the workforce, slashing wages, gutting working
conditions, driving up productivity and eliminating their rivals as a
way of restoring and then increasing the level of profit available for
distribution to their shareholders. Later, they turned their attention
to undermining and eliminating the welfare state.

Facing little opposition from trade union leaderships that have become
ever more craven and openly part of management, major corporations
demanded that governments cut taxes and employers’ contributions to
social insurance funds. The mega-rich insisted upon, and got, a
reduction in their own personal tax via cuts in the top rate of income
tax at the expense of ordinary people.

Not only do the financial elite not “pay their way,” they make others
pay for them. Governments everywhere have clawed back the billions
lost in corporation tax via regressive taxes on the consumption of
basic goods and services that have hit the poorest families the
hardest.

The corporate and financial elite have become ever more venal,
parasitic, and indifferent to the long-term consequences of their
actions. With methods that have more in common with criminals and
gangsters, they lie, cheat, steal, cook the books and break the law to
avoid paying taxes.

Since Labour came to power in 1997, it has followed the policy of
previous Conservative governments and shifted the burden of taxation
from the rich to the poor. It has cut Capital Gains Tax from 40
percent to 18 percent and introduced a new entrepreneurs’ relief
scheme, which will tax the first million of capital gains at just 10
percent. Corporation Tax will fall from 30 percent to an all-time low
of 28 percent for the tax year 2007-2008. It has lifted the
inheritance tax threshold from £300,000 to £700,000, and refused to
lift the cap on the highest rate of Council Tax, payable by all
householders.

More tax is now paid in the form of income tax and, even more
importantly, consumption taxes such as VAT, which affects the broad
mass of the population far more than the rich.

Government statistics show that the top fifth of households paid just
25 percent of their gross income in direct tax (income tax) while the
bottom fifth paid 9 percent. The disparity of the burden of
consumption taxes is much greater. It accounts for only 11 percent of
the income of the top one fifth of households, but 27 percent of the
bottom fifth. Thus the poorest pay the same combined percentage of
their income in taxes as the wealthiest.

Average Corporation Tax receipts have been a mere 3.3 percent of GDP
for the last decade. While the government loses no opportunity to
attack those who abuse the benefits system, it has allowed tax
avoidance by the very rich to grow to a massive £47 billion.

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