Monday, 11 February 2008

Non-Dom Nonsense

I have already written once about Britain's "non-domiciled residents": people who live here in proliferating numbers while avoiding tax comprising double-figure billions through a loophole which is unique in the world, to the benefit of nobody in this country beyond a select few estate agents, charter companies and West End boutiques.

After a sludge of apologists in the weekend press have tried to defend the indefensible, however - and the Times leads with more drivel this morning - I must return to this grubby, distasteful subject again.

The ill-informed, or downright lying commentators who say non-domiciled status is an important benefit for the economy are most vociferous in their pleading when linking it to high finance.

The notion that the non-dom loophole was somehow relevant to the health of the City began as Labour spin against Conservative proposals to do something about closing it. This is, and always was, the most abject, laughable rubbish.

For those who might be taken in: there are two foundations on which the City rests, and two alone. The first - an accident - is that it is an English-speaking marketplace which fills the inconvenient gap between the Tokyo close and the New York open. No global finance firm could afford not to have a presence in Europe: they all need to take advantage of trading hours during this time.

The second, which began by design and has become a fragile inheritance, is that our marketplace is relatively lightly regulated and flexible. It is this, together with our speaking English, that keeps global finance in the City rather than Amsterdam, Paris or Frankfurt.

Glaringly unfair tax breaks for those who need them least have nothing whatsoever to do with it.

I believe - strongly - in smaller government, lighter regulation and lower taxes (and in no EU as a condition of achieving all three). I also believe in fairness, paying my way and equality under the law, and that's where the non-doms and I part company.

Indeed, as a City worker myself with a foreign-born wife it would benefit me in a narrow sense to take advantage of the non-dom status which some people would have you believe is responsible for keeping me in London. But I don't: I pride myself in my honesty and sense of fairness, and I would be ashamed to.

And besides, there are already a number of ways in which people can legitimately avoid tax and to which I have no objection. The use of family members' allowances, gifting, trusts and so on is perfectly acceptable as these harmless methods of avoidance are open to all of us. If tax avoidance is so important to you there is always non-resident status, too, under which you can not pay any UK tax provided you don't live here for most of the year.

If the government want to bolster the City, they might choose to extend the preferential tax treatment enjoyed by these freebooters to the rest of us who work there. Or they could block all further EU financial market regulations, abolish the FSA and revert to a system of self-regulation under the supervision of the Bank of England, scrap stamp duty on financial transactions (including on property), allow tax relief on financial product development and adopt a flat tax across all forms of income and capital gains.

The first option is unconscionable. The second requires knowledge and courage, two things conspicuously lacking over the last ten years. And the third option - proceeding with the current inequitable and obsolete arrangement - is an insult to the substantial majority of those who work in finance and are not able to take advantage of the loophole, and indeed to all the honest, hard working taxpayers who really keep this country on its feet and represent the body of the British people as a whole.

Even more insulting than the argument that this country's prosperity is in the gift of a few thousand kleptocrats and tax fiddlers is the notion that non-doms make enough of a contribution through the taxes which they do pay and the services they consume.

You pay VAT? Wow! Guess what? So do the rest of us! You use private schools and pay for private medicine? Wow! Guess what? So do the rest of us - and we still pay taxes on top!

Finally, it is worth reiterating a fact which has somehow escaped mention in the media of late. There is one other group in Britain which benefits from the non-doms' presence: the Labour party.

Many of the wealthiest non-doms, whose profits from the loophole are the most immense, are or have been major donors to the government: Lakshmi Mittal, Gulam Noon, Christopher Ondaatje and doubtless many more.

The non-dom tax loophole is a major and growing blight. It is irrelevant to the success of the City; it is unnecessary as there are many other, fairer means of tax avoidance; it is unfair as it allows people to live here permanently without paying their dues like their fellow residents; it is, in short, totally out of place in a respectable, populous, diverse, modern country like the UK.

It should be closed forthwith.

If you are a non-domiciled resident of these islands and you are reading this, you have my sympathy - up to a point. Nobody likes having their candy stolen. But if there were an ounce of honour or integrity in your character, you would either become non-resident (and slither off to some trashy tax haven should you wish), or start paying your way - like everyone else who lives here.

In fact, if they weren't being bribed to keep the loophole open, the government would do well to write to all the non-doms in Britain saying just that. Stump up - or else up stumps to Monaco, or Liechtenstein, where you belong.


UPDATE - Read ludicrous non-dom whingeing about losing the right to live here permanently tax free - here!

8 comments:

Anonymous said...

Lakshmi Mittal, Gulam Noon, Christopher Ondaatje - not every non-dom is in this category! Do you even know who the average non domiciled person is?

It is the middle class non dom who will be leaving first. And they are the majority. Who can afford to pay £30 thousand a year just for the privilege to live in the UK? My husband is a non-domiciled UK citizen. We most certainly cannot afford to stay, we have to move. For us this means that we have to leave our children and grandchildren behind, pack up our house and move abroad. It also means that my husband will be loosing a place he called home for the second time in his life. He came here in the 70th as a refugee.

We know of at least 10 more couples who are in the same situation most of them are now packing and leaving. After all I have seen and heard on the subject at least halve of the 119 000 people who are non domiciled will have no choice and leave, if not more. The looser will be the UK economy because I will be doing my shopping in another country as will 10 other couples living on the same street we do. John Bocks has not cought on to the loss he will potentially suffer, but he will when the prices on property fall and the losses on the high street will be felt.

Elliott said...

Anonymous,

Thanks for the comment.

I do know a few non-doms. Again, I have some sympathy, up to a point.

If you want to stay as residents of this country all you have to do is pay tax like the rest of us.

So what you seem to be saying is that you are only here for the tax break. Goodbye and good luck.

After you all go to wherever it is you're going, John Bocks - whoever he is - might indeed find it a bit easier to buy a house. Some of us would see that as a plus. And as to losses on the high street, if you're all as impecunious as you make out I don't think anyone will notice.

Finally, if I were you I'd be enraged that the government, yet again, has gone after the (relatively) little guy while effectively letting its billionaire donors alone.

That's not the way I'd have done it.

Anonymous said...

I believe that the law of unexpected consequences will play large here. As a US taxpayer I do not escape tax by being in the UK. I do, however, reduce the amount of tax that is claimed by two taxing jurisdictions. I will also be joining the list of people who end up leaving the country where I have been for many years. I am unable to use the tax planning in the UK available to you nor will the tax treaties between our two countries be rewritten to eliminate the anomaly of double taxation within my lifetime, so as the terminator might say adios baby. I am afraid the UK will be poorer for the loss of many of us as will the exchecquer

Elliott said...

Anonymous,

Thanks for the comment.

Ah yes, the US .. You're right about the double taxation treaty, but whose fault is that? Your government is famously jealous when it comes to taxing American expatriates. The economic case you should be making is at home: the IRS should stop penalizing all the American businesses who need to employ expatriate workers around the world.

As to our own economy, I dare say there would be a marginal impact from closing the tax loophole, but feel that it's a price worth paying to rid ourselves of the grotesque unfairness of it (and remove the rather ugly label of "tax haven" from this country).

As I said to other Anonymous, any resentment you have should be directed at the super rich who can easily afford the new levy, and who I'm sorry to say will continue to treat the United Kingdom like some dodgy offshore pinprick.

Anonymous said...

I think anonymous does not understand the new proposals. Not everyone has to pay £30000 per year. Non domiciles have the alternative to pay tax as everyone else does (on world income) and not on a remittance basis.There are potentially millions of non doms living in the UK and for the most part it is not worthwhile them claiming to be so as the organisation of your wealth and accounting for it is so onerous it outweighs the potential tax savings for anyone with less than a million or so they can leave offshore. For the likes of Mr Muppet or whatever his name was who has half a billion of assets, to threaten to go abroad because he can't afford £30000 per year is laughable. It is this sort of person who will still be laughing all the way to the bank wheras the more modestly off will no doubt be a bit worse off but not unjustifiably so.

If these tax reforms do come into force in the budget then I hope that at least they will also put right the anomally whereby non domiciled spouses only get NRB plus £55000 exemption before Inheritance Tax is applied.This is unfair and dare I say, racist.

Another anonymous

Anonymous said...

We pay UK taxes on our UK income, and we are US citizens. We happen to have under $800k in the US, all of which was the result of my and my wife's work in the US. One-half of this is in US pension plans, known as IRA's. We never intended to have assets offshore, but we do. There is no tax avoidance on our part, just circumstances that are making it expensive.

We are honest tax paying citizens who are now facing the loss of our personal allowances and taxes on our modest investment earnings on our US assets.

We certainly paid stamp duty on our home, and pay VAT on all of our purchases. We pay taxes when they are due, and I spend a lot of my time preparing for taxation in two countries. I spend a lot of time reporting my wife's consulting income under US and UK tax rules.

We certainly will elect to be taxed on our investment earnings, because the modest amount of earnings are not high enough to justify a £60,000 tax charge (for both of us).

If we could bring our small US fortune here, we would do so. However, we have to pay remittance on any amount brought in, and it has already been taxed once in the US.

So, the small amount of investment earnings on our US assets, including a little bit in our children's name will now be taxed in the UK. I can't vote here, so this is taxation without representation. Yes, we can get tax credits against the income, but we have to generate pounds to front the tax before the credit is gained. No matter how hard we try, we can't seem to generate enough pounds to live her.

The real issue for us is the loss of of our personal allowances, which will cost us £4,000 per year. Granted, we get credits for this incremental amount, but it is painful.

I feel that you are somehow angry about us being here and I suppose I understand your cynical attitude toward those at the top end who might prefer to dodge taxes. Your views when applied unilaterally are protectionist. We have that attitude in the US too. To be taxed to pay for reduced inheritance taxes in UK is not fair.

Please consider God's grace in your views, as many of us are just getting by. We love your country, and hope we can afford to stay. Pay to God what is his; pay to Caesar what is Caesars. Unfortunately, we have two Caesars to pay.

Elliott said...

Thanks for the comments.

Anonymous #1: "For the likes of Mr Muppet or whatever his name was who has half a billion of assets, to threaten to go abroad because he can't afford £30000 per year is laughable. It is this sort of person who will still be laughing all the way to the bank ... "

Absolutely. That's why I think the loophole should be closed altogether, not taxed.

Anonymous #2: "We are honest tax paying citizens ... " Good for you, and quite right! As I observed in another comment, there is a particular issue for US citizens and while I sympathize with you more than I might with others the problem lies with the unusually punitive US tax regime for expatriates, not with the UK. Please do complain, but complain to your own senators and congressmen.

"I feel that you are somehow angry about us being here ... " Far from it. I'm spitting blood that "Lord" Croesus can live here in his palace tax free while even quite poor people pay tax on what they earn, and I'm glad to see the back of tax avoiding Eurotrash. Hard working Americans on the other hand are some of my favourite people (as you'll see from reading other bits and pieces on this blog I'm an old fashioned Thatcherite and Atlanticist).

"Please consider God's grace in your views, as many of us are just getting by. We love your country, and hope we can afford to stay. Pay to God what is his; pay to Caesar what is Caesars. Unfortunately, we have two Caesars to pay."

Exactly my point about the US tax system. For other non-doms they seem to avoid paying Caesar at all and that's simply not fair.

Good luck with your decision and God bless.

Anonymous said...

Decision Made: We are Staying

It is not all that bad, but then again our tax situation is quite simple. We have some US investments from which we hope to receive a good amount of investment income (certainly not enough to be worth £30,000). Here is how it lays out:

(1) we have two more years to go until we report all of our income to the UK for taxes (2010);

(2) Thanks for the taxation treaty, we receive tax credits. So, when we do report our income to the UK, the UK will give us tax credits for the amount of the taxes we paid in the US on the same income (there might be some differences in tax rates, but we just end up getting foreign tax credits, which can be used to offset future, foreign source and passive income);

(3) We can decide to invest our small amount of US investments in that emphasize capital gains, as opposed to interest and dividend incomes.

Once the emotion wears away, the analysis suggests there is not reason to get over done. Everyone should do some homework, but clearly if you have to unwind offshore trusts, etc., it would really be horrible. For those people, more time should be granted to transition as opposed to forcing assets to be sold before April 2008. And who was brilliant enough not to structure the £30,000 in the tax tables? That is clear example of stupidity if you know just a little about foreign tax credits.

"Staying Put"