Introduction 1-2. Key point summary Comments Who we are. Ten Tenets for a Better Tax System

Similar documents
Contents Paragraph Introduction 1-3. Who we are 4-6. Key point summary Major points Responses to consultation questions 21

VOLUNTARY DISCLOSURE OF ERRORS ON INDIRECT TAX RETURNS

Introduction 1-2. Key point summary 3-4. Comments Answers to questions 16-20

Introduction 1-2. Key point summary 3 7. General comments Detailed comments 18-31

Contents Paragraphs. Introduction 1 3. Key point summary 4

MEETING THE OBLIGATIONS TO FILE RETURNS AND PAY TAX ON TIME

FINANCE BILL 2012 DRAFT CLAUSES: INFORMATION POWERS

SIMPLIFICATION REVIEW: THE ASSOCIATED COMPANY RULES AS THEY APPLY TO THE SMALL COMPANIES RATE OF CORPORATION TAX

Introduction 1-3. Who we are 4-6. Key point summary / Major points Responses to specific questions 13-48

WRITTEN SUBMISSION TO THE HMRC BUSINESS INTERNATIONAL TAX TREATY TEAM ON THE ANNUAL REVIEW OF DOUBLE TAXATION TREATIES

Contents Paragraph Introduction 1-4. Who we are 5-7. Response to consultation 8. Appendix Ten Tenets for a Better Tax System 1

REVIEW OF DOUBLE TAXATION TREATIES AND DOUBLE CONTRIBUTION AGREEMENTS

Implementation of International Tax Compliance (United States of America) Regulations 2013

ROYALTIES WITHHOLDING TAX

Introduction 1 5. Who we are 6 8. General Comments Further contact 32. Ten Tenets for a Better Tax System Appendix 1

ICAEW TAX REPRESENTATION 128/17

STAMP DUTY LAND TAX: CONSULTATION ON THE POTENTIAL IMPACTS OF DEVOLVING TO THE NATIONAL ASSEMBLY FOR WALES AND WELSH GOVERNMENT

Finance (No.3) Bill Clause 10: Exemption for expenses relating to travel

ICAEW REPRESENTATION132/17 TAX REPRESENTATION

TAXREP 56/14 (ICAEW REPRESENTATION 136/14)

TAXREP 39/11 ICAEW TAX REPRESENTATION CONSULTATION ON THE ABOLITION OF 36 TAX RELIEFS

SHARES ACQUIRED BEFORE 10 APRIL 2003 BY EXERCISING EMPLOYEE SHARE OPTIONS ALLOWABLE DEDUCTIONS: REVENUE & CUSTOMS BRIEF 30/09:

RESEARCH AND DEVELOPMENT TAX CREDITS: RESPONSE AND FURTHER CONSULTATION

TAXREP 11/15 (ICAEW REPRESENTATION 28/15)

TAXREP 42/14 (ICAEW REPRESENTATION 111/14)

Introduction 1 2. Who we are 3-5 Comments 6-15 Further contact 16. Ten Tenets for a Better Tax System Appendix 1

Contents Paragraph Introduction 1-3. Who we are 4-6. Key point summary Major points 17-36

TAX RELIEF FOR TRAINING: SUGGESTIONS FOR CHANGE

TAXREP 22/14 (ICAEW REPRESENTATION 56/14)

ICAEW REPRESENTATION 166/16 TAX REPRESENTATION

ATTRIBUTION OF GAINS TO MEMBERS OF CLOSELY CONTROLLED NON- RESIDENT COMPANIES AND THE TRANSFER OF ASSETS ABROAD

FINANCE (No 4) BILL BRIEFING VAT - NON-ESTABLISHED TAXABLE PERSONS - CLAUSE 201 AND SCHEDULE 27 AND FACE VALUE VOUCHERS - NEW CLAUSE

TAXREP 49/13 (ICAEWREP 132/13)

REVIEW OF DOUBLE TAXATION TREATIES AND DOUBLE CONTRIBUTION AGREEMENTS

FINANCE (No 4) BILL BRIEFING CONTROLLED FOREIGN COMPANIES - CLAUSE 180 AND SCHEDULE 20

NATIONAL INSURANCE CONTRIBUTIONS: IMPROVING COLLECTION FROM THE SELF EMPLOYED

TAXREP 34/15 (ICAEW REPRESENTATION 92/15)

Contents Paragraphs Introduction. 1 4 Key point summary Detailed comments on the draft legislation

TAXREP 38/14 (ICAEW REPRESENTATION 95/14)

ICAEW REPRESENTATION 94/16 TAX REPRESENTATION

TAXREP 12/15 (ICAEW REPRESENTATION 29/15)

Introduction 1-3. Who we are 4-6. Our comments Ten Tenets for a Better Tax System Appendix 1

HOMES OUTSIDE THE UK OWNED THROUGH A COMPANY

MODERN WORKING PRACTICES: EMPLOYMENT STATUS RULES FOR EMPLOYMENT RIGHTS AND TAX/NIC

CAPITAL GAINS TAX: PAYMENT WINDOW FOR RESIDENTIAL PROPERTY GAINS (PAYMENT ON ACCOUNT) Issued 6 June 2018

CALL FOR EVIDENCE RENT A ROOM RELIEF

REFORMS TO THE TAXATION OF NON DOMICILES MEETING NOTES

CORPORATE TAX AND THE DIGITAL ECONOMY

ICAEW TAX REPRESENTATION 68/17

ICAEW REPRESENTATION 108/16 TAX REPRESENTATION

Contents Paragraph Introduction 1-4. Who we are 5-7. Key point summary Detailed comments 13-18

TAXREP 35/15 (ICAEW REPRESENTATION 97/15)

AVOIDANCE INVOLVING PROFIT FRAGMENTATION ARRANGEMENTS (CL10, SCH 6) Issued 30 August 2018

TAXREP 50/14 (ICAEW REPRESENTATION 121/14)

Introduction 1 4. Who we are 5-7. Detailed Comments Further contact 29

TAXREP 37/13 (ICAEWREP 105/13)

SHARES ACQUIRED BEFORE 10 APRIL 2003 BY EXERCISING EMPLOYEE SHARE OPTIONS ALLOWABLE DEDUCTIONS AND CAPITAL LOSSES

TAXREP 43/14 (ICAEW REPRESENTATION 112/14)

SELF-FUNDED WORK-RELATED TRAINING FOR EMPLOYEES AND THE SELF EMPLOYED

PROPOSAL FOR A EUROPEAN COUNCIL REGULATION ON THE STATUTE FOR A EUROPEAN PRIVATE COMPANY (SPE)

TREASURY SELECT COMMITTEE VAT INQUIRY Issued 29 June 2018

ICAEW REPRESENTATION 16/17 TAX REPRESENTATION

ICAEW REPRESENTATION 26/17 TAX REPRESENTATION

Simplifying Transactions in Securities Legislation. Consultation Document 31 July 2009

UK Trade in Goods Statistics Methodology Statement. Overview of Asymmetries 1. WHO SHOULD READ THIS? 2. INTRODUCTION

Contents Paragraph Introduction 1-3. Who we are 4-6. Key point summary The consultation process in relation to the partnership proposals 14-20

TECHNICAL RELEASE TAXGUIDE 02/15 (TECH 03/15TAX) HMRC CAPITAL TAXES LIAISON GROUP MINUTES

24 November Our ref: ICAEW Rep 132/08. Your ref:

Setting up a business in the UK. 25 September 2018

Please contact me should you wish to discuss any of the points raised in the attached response.

ICAEW TAX REPRESENTATION 110/17

ICAEW REPRESENTATION 07/18

REVIEW OF DISCLOSURE OF INFORMATION REQUIREMENTS APPLYING TO OCCUPATIONAL, PERSONAL & STAKEHOLDER PENSION SCHEMES

TECHNICAL RELEASE. Guidance ACCOUNTING IMPLICATIONS OF CHANGES TO THE FINANCIAL SERVICES AUTHORITY S RULES FOR CALCULATING TECHNICAL PROVISIONS

European and External Relations Committee. The EU referendum and its implications for Scotland

MAKING TAX DIGITAL: INTEREST HARMONISATION AND SANCTIONS FOR LATE PAYMENT

Simplifying capital gains taxation

Making Tax Digital for VAT. Main issues for consideration

DIRECTIVES. Having regard to the Treaty on the Functioning of the European Union, and in particular Article 113 thereof,

DRAFT GUIDANCE FOR BUSINESS ON THE PREVENTION OF MONEY LAUNDERING

HMRC Consultation Document Tackling Offshore Tax Evasion: A Requirement to Correct Response by the Chartered Institute of Taxation

Review of the Money Laundering Regulations 2007: The Government Response

17 October Our ref: ICAEW Rep 120/08. Your ref:

UK Banking & Capital Markets Budget Alert

Sanctions and Anti-Money Laundering Bill

Stock in trade. What is the issue? What does this mean to me? What can I take away? 1 July 2017

Council of the European Union Brussels, 28 November 2017 (OR. en)

Council of the European Union Brussels, 20 June 2018 (OR. en)

The First-tier Tribunal established under the Tribunals, Courts and Enforcement Act 2007.

trusted to deliver... VAT Newsletter Accounting & Tax December 2009 Welcome In this issue: News from the UK VAT news from the Isle of Man

ICAEW REPRESENTATION 92/16

ICAEW WRITTEN SUBMISSION

CASH AND DIGITAL PAYMENTS IN THE NEW ECONOMY: CALL FOR EVIDENCE Issued 5 June 2018

TAXING GAINS MADE BY NON-RESIDENTS ON UK IMMOVABLE PROPERTY

ICAEW welcomes the opportunity to comment on the VAT and Vouchers consultation document published by HMRC on 1 December 2017.

ICAEW REPRESENTATION 168/14

Employer Debt (Section 75 of the Pensions Act 1995) Consultation on draft regulations draft ICAEW response

Gambling Tax Reform Information Note 2

SCHEDULES OF SERVICES FOR LIMITED COMPANIES

Stamp Taxes on Share Consideration Rules. Response by the Chartered Institute of Taxation

Transcription:

INTRASTAT A submission made on 30 August 2007 by the Tax Faculty of the Institute of Chartered Accountants in England and Wales in response to a consultation paper issued on 27 June 2007 by HM Revenue & Customs CONTENTS Paragraph Introduction 1-2 Key point summary 3-11 Comments 12-19 Annex Who we are Ten Tenets for a Better Tax System A B ICAEW Tax Faculty, Chartered Accountants Hall, PO Box 433, Moorgate Place, London EC2P 2BJ www.icaew.com/taxfac T +44 (0)20 7920 8646 F +44 (0)20 7920 8780 E tdtf@icaew.com 1 of 6

INTRASTAT INTRODUCTION 1. We are pleased to respond to the consultation paper issued by HM Revenue & Customs on 27 June 2007 regarding potential changes to, which can be found at http://customs.hmrc.gov.uk/channelsportalwebapp/channelsportalwebapp.portal?_ nfpb=true&_pagelabel=pagelibrary_consultationdocuments&propertytype=docum ent&columns=1&id=hmce_prod1_027623. 2. Details about the Tax Faculty and the Institute of Chartered Accountants in England and Wales are set out in Annex A and our Ten Tenets for a Better Tax System which we use as a benchmark is in Annex B. KEY POINT SUMMARY 3. Most businesses regard the reporting requirements as an unnecessary burden from which they gain no benefits. We believe that the requirements should be reduced to the absolute minimum required to meet the UK s obligations under EC law and that the UK should negotiate with the EC to reduce those requirements still further. Ideally, should be abolished altogether. 4. From the options given in the consultation document, we recommend the raising of the exemption threshold to the maximum possible extent in order to minimise the number of businesses required to submit returns. 5. It is generally more difficult for a business to identify arrivals than dispatches. Consequently, the removal of the requirement to report arrivals would be most welcome. If is not abolished, then we recommend that declarations be required for dispatches only and that they be provided on combined and EC Sales List forms. 6. We believe that for many practical purposes, the statistical information obtained from returns could be better obtained from the current boxes 8 and 9 on VAT returns. In theory, as these boxes should be completed by all businesses trading above the VAT registration threshold, they should provide a more accurate total of acquisitions and dispatches than the declarations, which are limited to businesses trading at much higher thresholds. 7. If is to continue, the methodology required to complete returns should be consistent with that required to complete boxes 8 and 9 of VAT returns. This would save some businesses having to prepare two sets of figures for the same transactions. 8. Some of the information currently required on returns can be difficult to obtain, especially when shipping or similar agents are used to arrange transportation of the goods. The amount of information required in respect of each movement of goods should be reduced to the absolute minimum. In particular, the requirements to report delivery terms, net mass and supplementary units should be removed. 2 of 6

9. We recommend that the nature of transaction code be simplified to merely indicate a positive or negative value. 10. Declarations on returns should be restricted to sales and purchases. The present requirement to include details of transfers to overseas branches or subcontractors creates considerable difficulties for businesses, as many accounting systems are unable to produce the information required for purposes in relation to transactions of this nature. In particular, details of goods sent or received for processing between different EU countries should cease to be required for purposes. 11. We recommend that penalties for failure to comply with requirements should be decriminalised., as such penalties are inappropriate for a failure to provide statistical information COMMENTS 12. HM Revenue & Customs are seeking views on possible changes to the reporting requirements. Their consultation paper suggests alternative options that are being considered. Whilst considering these options, we have also taken the opportunity to provide suggestions as to how the burden could be reduced still further. 13. There are several instances where the and VAT return declaration requirements are inconsistent. For example, businesses selling EU sourced excise goods which are transferred into bonded warehouses on first arrival into the UK are required to include the value of UK excise duty in box 9 of the VAT return, but exclude it from the return. Such inconsistencies should be removed. 14. The timing of the and VAT return declarations for such transactions are also inconsistent. Such differences regularly attract the unnecessary attention of visiting officers. We recommend that the declaration requirements should be consistent across all forms. 15. In the example at paragraph 13 above, we would suggest that the value of UK excise duty is excluded from box 9 of the VAT return and that the goods should be declared on both the and VAT return forms that include the date on which they arrive in the warehouse, regardless of how long they remain there. 16. Consideration should be given to amalgamating the dispatches and EC Sales List forms. This could be achieved by adding a section to the EC Sales List to show total sales to each other Member State analysed by commodity code. The total of this analysis could be reconciled against the total obtained from the existing part of the form. Such a change would completely remove the requirement to submit separate dispatch forms. If this were combined with the removal of the requirement to complete arrivals forms, the abolition of would be achieved. 17. Transfers of goods sent to sub-contractors for processing currently need to be recorded as dispatches for purposes. Such goods normally remain the property of the sender. Many accounting systems can only register transactions as a sale or purchase, so a complex process is needed to make ensure that the data is 3 of 6

captured for purposes, possibly in the form of a spreadsheet. Such difficulties would be eliminated if transfers to sub-contractors were removed from the requirements where the goods concerned have not been sold. Such goods are often returned to the UK after processing for subsequent sale to third parties, which may or may not form exports to customers in the EC or elsewhere. 18. Many accounting and data management systems do not identify all the transactions or information that need to be disclosed on returns, with the consequence that some manual intervention and reconciliation is required. This appears to the vast majority of businesses to be an unnecessary administrative burden. Any simplification of the data requirements would therefore be welcome. 19. There is a balance to be struck between entitling the state to get information which it needs and being able to enforce it. Failure to furnish an declaration, or to provide information requested by HMRC in connection with the administration of the system, is currently a criminal offence and can attract a fine up to 2,500. We understand that HMRC generally issue a caution to a person who is liable to such a penalty. In theory, a person found guilty can also face imprisonment of up to two years. We believe that such penalties are excessive and inappropriate for a failure to provide statistical information. We therefore recommend that penalties for the regime be decriminalised. NG 30/08/2007 4 of 6

ANNEX A WHO WE ARE 1. The Institute of Chartered Accountants in England & Wales is a professional body representing some 128,000 members. The Institute operates under a Royal Charter with an obligation to act in the public interest. It is regulated by the Department of Trade and Industry through the Accountancy Foundation. Its primary objectives are to educate and train Chartered Accountants, to maintain high standards for professional conduct among members, to provide services to its members and students, and to advance the theory and practice of accountancy (which includes taxation). 2. The Tax Faculty is the centre for excellence and an authoritative voice for the Institute on taxation matters. It is responsible for tax representations on behalf of the Institute as a whole and it also provides services to more than 11,000 Faculty members who pay an additional subscription. 3. Further information is available on the ICAEW website, www.icaew.com, and on the ICAEW Tax Faculty website at www.icaew.com/taxfac or telephone +44 (0)20 7920 8646. 5 of 6

ANNEX B THE TAX FACULTY S TEN TENETS FOR A BETTER TAX SYSTEM The tax system should be: 1. Statutory: tax legislation should be enacted by statute and subject to proper democratic scrutiny by Parliament. 2. Certain: in virtually all circumstances the application of the tax rules should be certain. It should not normally be necessary for anyone to resort to the courts in order to resolve how the rules operate in relation to his or her tax affairs. 3. Simple: the tax rules should aim to be simple, understandable and clear in their objectives. 4. Easy to collect and to calculate: a person s tax liability should be easy to calculate and straightforward and cheap to collect. 5. Properly targeted: when anti-avoidance legislation is passed, due regard should be had to maintaining the simplicity and certainty of the tax system by targeting it to close specific loopholes. 6. Constant: Changes to the underlying rules should be kept to a minimum. There should be a justifiable economic and/or social basis for any change to the tax rules and this justification should be made public and the underlying policy made clear. 7. Subject to proper consultation: other than in exceptional circumstances, the Government should allow adequate time for both the drafting of tax legislation and full consultation on it. 8. Regularly reviewed: the tax rules should be subject to a regular public review to determine their continuing relevance and whether their original justification has been realised. If a tax rule is no longer relevant, then it should be repealed. 9. Fair and reasonable: the revenue authorities have a duty to exercise their powers reasonably. There should be a right of appeal to an independent tribunal against all their decisions. 10. Competitive: tax rules and rates should be framed so as to encourage investment, capital and trade in and with the UK. These are explained in more detail in our discussion document published in October 1999 as TAXGUIDE 4/99 - see http://www.icaew.co.uk/index.cfm?route=128518. 6 of 6